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(영문) 서울중앙지방법원 2015.10.28 2014가단5311147
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 13, 2008, A Co., Ltd. (hereinafter “A”) prior to bankruptcy (hereinafter “A”) loaned KRW 8 billion to C Co., Ltd. (hereinafter “C”) by setting the rate of damages for delay at 23% per annum, by June 13, 2009.

(hereinafter “instant C loan”). Fame Education Co., Ltd., and D jointly and severally guaranteed the instant C loan obligation to A, and C, in order to provide Dongcheon-si, Gyeonggi-do, 2,777m2, 198m2, G miscellaneous land, 18,012m2, G miscellaneous land, 11,375m2, H site, the above G, H, H, and F ground buildings, etc. to A as real collateral, and the registration of the establishment of joint collateral mortgage amount of KRW 12,00,000,000,000 as the maximum debt amount was completed on June 13, 2008 by the Suwon District Court, Dongcheon District Court, the registry office, and the registry office, which received on June 13, 2008.

(hereinafter “instant collateral security”). B.

From 2010 to 2010, as A's management status has deteriorated, a limited liability company has strongly ordered A's Credit Management Team to sell non-performing loans.

A, as the head of the claim management team, I, for a long time, authorized the representative attorney of the defendant corporation, who has been in charge of A's advice, to take over the instant C loan claims, and agreed that the defendant would take over the instant C bonds at an early date and again take over the instant bonds by finding the third party's transferee at an early date.

C. Accordingly, on September 30, 2010, J attorney-at-law signed a contract with the Defendant to acquire the instant C lending claim and the instant collateral security claim at KRW 8 billion in the name of the Defendant.

The Defendant paid the acquisition price of the instant C Loans and the acquisition price of the right to collateral security by borrowing from A on the same day, and A, on the same day, lent the amount of KRW 8 billion to the Defendant at the rate of 23% per annum on the loans for general loans for credit, one year of credit period, 9% per annum, and overdue interest

(hereinafter) Claims and obligations for the instant loans. The Defendant shall acquire the instant loans and the right to collateral security from the said loans.

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