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(영문) 서울중앙지방법원 2016.05.18 2014가단254775
양수금
Text

1. The defendant shall pay to the plaintiff KRW 111,974,985 as well as KRW 21,100,000 among them, from June 3, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The maximum debt amount is KRW 390,000,000,000 for maximum debt amount of KRW 96,000, and the first priority mortgage was established for the debtor C and the National Bank Co., Ltd. (hereinafter “National Bank”), but the defendant borrowed KRW 200,000,000 from the National Bank on March 18, 199 (hereinafter “the first loan”), and the second priority mortgage was established for the debtor and the National Bank of Korea (hereinafter “the second priority mortgage”) with the maximum debt amount of KRW 260,00,000,000 from the National Bank on March 18, 1999 (hereinafter “the first priority mortgage”). On March 6, 200, the Defendant newly constructed the above building on the site and completed the preservation of ownership, and each of the above joint mortgage was established with the joint mortgage amount of KRW 30,00,000,000 for the debtor and the National Bank of Korea (hereinafter “the above maximum debt amount”).

B. On September 28, 2001, the Defendant borrowed 170,000,000 won from the National Bank at the interest rate of 9.12% per annum, 19% per annum, and the due date of payment on September 28, 2002 (hereinafter “the instant loans”) with the maximum debt amount of 146,90,000,000 won per annum and 1,326 square meters per E prior to Seocheon-si D, and 1,326 square meters per annum, the Defendant, the Defendant, and the Defendant’s National Bank of Korea, the first priority collective security (hereinafter “the instant fourth priority mortgage”) with the said loans.

A. 48,100,000 won with maximum debt amount, the Defendant, the Defendant, and the National Bank of the Republic of Korea (hereinafter “the 5th collateral mortgage”) respectively were created on the land and the building indicated in the port of this case.

C. On August 7, 2009, the National Bank applied for the voluntary auction of each of the above real estate (F, G). During the auction procedure, the National Bank transferred the secured debt of the instant Nos. 1 and 3 collateral to the debtor C and the instant Claim Nos. 1 and 2 to the debtor C, and the National Bank transferred the same to the defendant on January 7, 2010.

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