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(영문) 서울중앙지방법원 2017.09.26 2016가합558287
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 36,00,000,000 and the interest rate thereon from January 1, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The status of the parties 1) Defendant A Co., Ltd. (hereinafter “Defendant A”).

) The business (a project listed in the attached list; hereinafter referred to as the “instant business”) that constructs 12 units of welfare facilities for the aged and welfare facilities for the aged and 36 households on the lots outside D and eight parcels of Yongsan-si.

Defendant C is the former representative director of Defendant A and Defendant B Co., Ltd (hereinafter “Defendant B”).

(2) As an asset management company that operates interesting investment trust (hereinafter “interesting Investment Trust Operation”) is an asset management company that operates the management, etc. of collective investment property, the Real Estate Investment Trust Co., Ltd. established “Real Estate Investment Trust No. 1, a real estate investment trust for the instant project.” The Plaintiff is a trustee company under Article 23 of the former Act on Business of Operating Indirect Investment and Assets (repealed by Article 2 of the Addenda to the Financial Investment Services and Capital Markets Act, Act No. 8635, Aug. 3, 2007) and was in charge of the investment and operation of the investment trust assets in accordance with the direction of the Red State Investment Trust Operation Act.

B. 1) On July 20, 2007, the Plaintiff, the lender and the trustee company, the Plaintiff, the borrower and the executor company, and the Defendant B, the joint and several sureties, the joint and several sureties, a joint and several liability company, entered into the instant loan agreement (hereinafter “instant loan agreement”). Under the instant loan agreement, on July 20, 207, the Plaintiff loaned the loan amounting to KRW 36 billion to the Defendant at KRW 18 months, interest rate of 9.8% per annum, and interest rate of arrears rate of 19% per annum (hereinafter “the instant loan”). Defendant C and B were jointly and severally and severally liable to the Plaintiff under the instant loan agreement on the same day.

C. Defendant A, including the unredeemed of loans and the progress of public auction procedures, etc.

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