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(영문) 서울중앙지방법원 2017.02.16 2016가단5048986
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 201,790,296 and KRW 115,887,498 among them. From December 1, 2015.

Reasons

1. Facts of recognition;

A. Loan contract and joint and several sureties 1) New Bank Co., Ltd. (hereinafter “New Bank”)

Defendant A Co., Ltd. (hereinafter referred to as “Defendant Company”) as listed in the following table:

2) Each of the loans contract of this case (hereinafter referred to as “instant loan contract”), “loans Nos. 1 through 3,” and “each of the loans of this case” and “each of the loans of this case” and “each of the loans of this case,” respectively, under the table below.

(1) On April 2, 2013, Defendant B, C, the New Bank on April 16, 2007, concluded a comprehensive contract with Defendant B, the total of KRW 19,000,000,000 per annum on April 16, 2007, and the total of KRW 19,000,000 per annum on April 16, 2007, and KRW 19,000 per annum on March 31, 2013, respectively.

3) On April 16, 2007, the New Bank completed the registration of establishment of a neighboring bank, which is a new bank with the right to each of the loans of this case as the secured claim, as follows: (a) on April 16, 2007, the sum of the maximum debt amount for the registration of establishment of a new bank, 6,500,000,000 won, and the registration of establishment of a neighboring bank, which is a new mortgagee, owned by the Defendant Company.

(B) On March 13, 2008, the Seoul Jongno-gu Seoul Metropolitan Government F land owned by the Defendant C, the above ground brick and the second floor housing and the second floor G apartment owned by the Defendant, the Seoul Jung-gu G apartment owned by the Defendant was jointly secured with the maximum debt amount of KRW 1,00,000,000, and the establishment registration of the mortgage of neighboring bank owned by the mortgagee of the right to collateral security (hereinafter “the second collateral mortgage of this case”).

B. The new bank that transferred each of the instant loans is the new bank on October 5, 2010 (hereinafter “New Savings Bank”).

each of the instant cases.

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