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(영문) 광주지방법원목포지원 2016.09.01 2015가합12456
손해배상(기)
Text

1. The part of the lawsuit in this case is dismissed.

2. The defendants jointly do so to the plaintiff 135,37.

Reasons

1. Basic facts

A. 1) A, on April 19, 2002, borrowed KRW 600 million from the National Agricultural Cooperative Federation on April 19, 2002, Dagpo-si D 826.5 square meters (hereinafter “instant land”).

As to the instant land, the registration of creation of a mortgage over KRW 780 million was completed with respect to the maximum debt amount, and on May 26, 2003, the term “each of the instant real estates” is collectively referred to as “each of the instant real estates” when referring together with the instant land.

2) On May 30, 2003, C borrowed an additional amount of KRW 1.4 billion from the National Agricultural Cooperative Federation, and C completed the registration of creation of a mortgage with a maximum debt amount of KRW 1.82 billion on each of the real estates of this case.

The above:

A. 3) On June 17, 2005, C borrowed KRW 30 million from the National Agricultural Cooperative Federation. (b) On October 7, 2009, Defendant A, who entered into a lease agreement on each of the instant real estate, leased each of the instant real estate from C with the lease deposit amount of KRW 450 million, KRW 18 million, and KRW 24 months from November 1, 2009 (hereinafter “instant lease agreement”).

(C) C. An application for voluntary auction for each of the instant real property was filed on April 19, 2008, with the repayment of KRW 60 million out of the principal of the loan, but the remainder of KRW 540 million was not paid with interest from November 19, 2010, thereby losing the benefit of time.

[hereinafter] The remaining principal amount of the loan under the above paragraph (a) is KRW 1.97 billion ( KRW 540 million in total) and damages for delay are referred to as “instant loan”. The National Agricultural Cooperative Federation applied for voluntary auction of each of the instant real estate on December 16, 2010, and on December 17, 2010, the voluntary auction procedure began to be commenced by the Gwangju District Court Mapo-Support E on December 17, 2010.

(hereinafter referred to as “the instant voluntary auction”) D.

Plaintiff’s instant case.

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