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(영문) 서울북부지방법원 2015.11.11 2015가합117
구상금및손해배상
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 95,248,381 won and 5% per annum from March 3, 2015 to November 11, 2015.

Reasons

1. Facts of recognition;

A. The Defendants: (a) around January 2003, at Yangju-si D, and E, a multi-household 105 (hereinafter “this case’s 105 dong loan”; (b) the site “instant 105 dong loan”; and (c) the 106 dong loan, a multi-household 4 floor on G’s ground (hereinafter “instant 106 dong loan”); and (d) the site “the instant 106 dong loan”; and (e) the site “the instant 106 dong site”).

(F) Each of the above 8 households is 16 households (hereinafter referred to as “each of the loans of this case”). B.

On January 24, 2003, Defendant B borrowed KRW 280 million at an interest rate of 3% per month for each of the instant loan loans from H (hereinafter “the instant loan”), and the Plaintiff jointly guaranteed the above loan obligations upon Defendant C’s request.

C. On January 24, 2003, H received, from the Plaintiff and Defendant B, one promissory note with a face value of KRW 280 million and one promissory note with a face value of KRW 420 million. On January 22, 2003, H completed the registration of the establishment of the neighboring land with a face value of KRW 420 million with respect to each of the instant loan sites (the ownership transfer registration was completed in the Plaintiff’s name with respect to the instant 106 site on the same day) in the name of the Plaintiff and the Plaintiff B, each of the above D land with a face value of KRW 30,90,000,000, and with respect to the shares of KRW 4728/145,00,000 in face value, from each of the instant land under the name of the Plaintiff and the Plaintiff’s joint owner of the instant land with the name of KRW 106,000,000,000 in the name of the Plaintiff.

In addition, on January 20, 2003, H entered into an additional collateral security contract with the Plaintiff and Defendant B with respect to the 1/2 share (Defendant B) out of the 105-dong loan (hereinafter “Defendant B”) and the 1/2 share (Plaintiff) out of the 106-dong loan (hereinafter “106-dong loan”).

Defendant B shall make November 7, 2003.

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