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(영문) 서울중앙지방법원 2016.06.08 2015가합541800
손해배상(기)
Text

1. The Plaintiff, Defendant C, and Defendant C, jointly with Defendant C, KRW 90,00,00, and KRW 60,000 among the said money, and each of the said money.

Reasons

1. Basic facts

A. D, on February 21, 2014, borrowed KRW 200 million from E, a bond business operator, and borrowed KRW 200 million as a collateral for the above loan, D, the Seoul Yangcheon-gu Seoul Metropolitan Government Gro 170.5 square meters, H large scale 12 square meters, and each of the above land and the land and the above land and the above land and the above land and the above land and the above land and the above land and the above building (hereinafter the above each of the above real estate are collectively referred to as the “instant real estate”).

As to the right to collateral security, the right to collateral security is set at the cycle of setting up the maximum debt amount of KRW 300 million, the debtor D, the debtor D, the mortgagee J, K, and L with respect to the instant real estate on the same day (hereinafter “instant first collateral security”).

(2) After completing the registration of creation, D introduced the Plaintiff through M, who is a bond company, and borrowed KRW 300 million from the Plaintiff (hereinafter “the instant loan”) to repay the secured debt of the first mortgage (hereinafter “the instant loan”). After cancelling the said mortgage, D established the right to collateral security (hereinafter “the maximum debt amount”) regarding the instant real estate as the said loan security and then set up the right to collateral security (hereinafter “the debtor F and the right to collateral security”) with respect to the said loan.

3) On February 28, 2014, D entered Defendant B’s certified judicial scrivener office (hereinafter “this case’s loan certificate”) with N, which reads that “The Plaintiff shall lend F KRW 300,000 to F with interest rate 2.5% per month and three months after the due date, respectively, and D shall stand as a joint and several surety” (hereinafter “the loan certificate”).

(2) As to the instant real estate, F created the right to collateral security with the Plaintiff as the maximum debt amount of KRW 450 million, debtor F, and the Plaintiff as the mortgagee.‘The right to collateral security contract with the content of the right to collateral security, ③ the right to proxy with the content of delegation to Defendant B of the above right to collateral security, respectively, was prepared, and at the time the said N present F’s resident registration certificate to the staff of the certified judicial scrivener office of Defendant B, and the instant loan certificate and the instant loan certificate.

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