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(영문) 서울중앙지방법원 2016.08.26 2015나73943
보증채무금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. On January 1, 2007, the Plaintiff (formerly: Gold Life Insurance Co., Ltd.) loaned KRW 2.2 billion to the Co-Defendant A (hereinafter “A”) of the first instance trial to “A” (hereinafter “No. 1 loan”), and at the time, “C Co., Ltd. (hereinafter “Nonindicted Company”) in which A was the representative director, and the Defendant jointly and severally guaranteed the above loan obligations of A.

B. In relation to the first loan, the Defendant completed on January 23, 2007 the registration of the establishment of the right to collateral security (Seoul Seocho-gu D No. 104 Dong 702, hereinafter “Defendant building”) with respect to the building owned by himself (Seoul Seocho-gu D No. 104, 702, hereinafter “Defendant building”) and completed the registration of the establishment of the right to collateral security (hereinafter “Defendant building”) to the Plaintiff

C. On January 21, 2010, the date for repayment of the first loan was multi-party A, demanding the Plaintiff to change the loan obligor from himself to the non-party company.

On February 2010, the Plaintiff entered into a new loan agreement with the non-party company on a loan of KRW 2.2 billion up to January 23, 2012 (hereinafter “second loan”). On February 22, 2010, the debtor of the Plaintiff’s right to collateral security established on the Defendant building was also registered as the non-party company.

(Reasons for Registration: acquisition of a contract on January 20, 201). (d)

On January 23, 2012, Nonparty Company filed an application with the Plaintiff for extension of the loan period of one year. Accordingly, the loan period of the second loan was extended to January 23, 2013.

E. Around January 2013, the Plaintiff filed an application for voluntary auction against the Defendant building on March 28, 2013 (Seoul Central District Court E). The Plaintiff received dividends from KRW 2,006,48,521 on December 28, 2013 and appropriated the interest on the loan and the principal repayment.

As a result, the sum of principal and interest of the second loan to the non-party company as of May 29, 2014 = 524,138,208 = 15,74,425 won deferred interest of KRW 356,312,812, interest of KRW 12,239,931 - deposit amount of KRW 158.

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