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(영문) 수원지방법원 성남지원 2018.02.13 2017가합1239
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 4,515,585,067 as well as 25% per annum from June 2, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On September 20, 2010, the first mutual savings bank (hereinafter “the first mutual savings bank”) established loans to the Defendant on September 20, 2010 at the rate of KRW 7.5 billion due on September 20, 201, at the rate of KRW 11 per annum; KRW 23% per annum less than one month; KRW 24% per annum less than two months; and KRW 25% per annum for not less than three months (hereinafter “the first mutual savings bank”). On the same day, the loans were lent to the Defendant at the same rate of KRW 1.23 billion as the due date and at the same rate of KRW 1.32 million (hereinafter “the second mutual savings bank”). On July 18, 2011, the loan interest rate of KRW 350,000,000 to the Defendant shall be set at the same rate of KRW 3500,000 as the loan bond (hereinafter “the loan interest rate”).

B. On September 20, 2010, the first mutual savings bank (the first mutual savings bank was changed to a Savings Bank on September 23, 2010; hereinafter “the first mutual savings bank”) set the period for payment and interest rate of KRW 5 billion to the Defendant on September 20, 2010 (hereinafter “the fourth loan bonds of this case”), and on August 9, 201, the Defendant set the period for payment of KRW 2.5 billion to the Defendant on August 9, 201, and the interest rate of KRW 2.5 billion to the same effect as the loan bonds of this case (hereinafter “the second loan bonds of this case”).

C. On May 19, 2005, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the Defendant created a joint collateral security (hereinafter “joint collateral security”) against the first mutual savings bank with the maximum debt amount of 1 billion won, the obligor, the mortgagee, and the first mutual savings bank with the right to collateral security (hereinafter “instant joint collateral security”). On the same day, the Defendant provided the mutual savings bank with respect to each of the instant real estate seven billion won with the maximum debt amount of the mutual savings bank, and the obligor, the Defendant, and the date of the mortgagee

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