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(영문) 서울중앙지방법원 2019.11.28 2018가합553989
공탁금 출급청구권 확인
Text

1. B between the Plaintiff and the Defendant Company, Nonparty G was the Seoul Central District Court No. 16435, July 6, 2018.

Reasons

1. The following facts are either in dispute between the parties or in respect of each entry in Gap evidence 1 to 4, 8, 9, and 10 (including each number, if any; hereinafter the same shall apply), or may be recognized by taking into account the whole purport of the pleadings, or substantial facts in this Court:

The real estate indicated in the separate sheet owned by H and I (hereinafter “instant real estate”) was completed on July 16, 2015 by the Yongsan District Court of Seoul Western District Court, Yongsan District Court, 27683, which was received on July 16, 2015, the maximum debt amount of KRW 720,00,000, and the debtor H’s establishment registration of mortgage No. 1 (hereinafter “mortgage No. 1”) and the registration office’s establishment of mortgage No. 91,20,000, the maximum debt amount of KRW 91,20,000, and the debtor J (hereinafter “J”)’s establishment registration of mortgage No. 3 (hereinafter “mortgage No. 3”) were transferred on May 26, 2017, respectively.

Article 1 (Transaction Conditions) (1) of the Agreement is as follows.

- Amount of credit (limit) - Amount of money to be paid: Amount to be paid if interest, installment payments, and interest rates on installment payments are not paid on the fixed date: 7.5% per annum from the date of credit to the date of credit period - Interest rate, etc.: one year: 7.5% per annum from the date of credit period to the end of the credit period: 24% per annum from the date less than one month, 24% per annum from the date less than one month to three months, 24.5% per annum from the date more than one month, and 25% per annum from the date of three months to the due date.

B. On May 26, 2017, the Plaintiff, a credit financial institution, entered into a credit transaction agreement with Defendant B (hereinafter “instant agreement”) and entered into the instant agreement with the following terms and conditions. On the same day, the instant agreement No. 13944, supra, and each of the instant agreements claim against the collateral security right No. 13945, as the instant collective security right No. 13945.

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