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(영문) 수원지방법원안산지원 2011.04.28 2010가합3510
근저당권설정등기말소등
Text

1. On April 6, 2011, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 340,812,601 and KRW 250,000 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. B (a) On January 19, 2007, the Plaintiff’s ASEAN (hereinafter “C”) was the Plaintiff on January 16, 2007, Co., Ltd. (hereinafter “C”).

C) At the time of the appointment of the representative director, C was responsible for the Defendant’s debt of KRW 200,000,000. (2) B visited the Defendant’s D Branch to request the branch director E to grant a loan due to increase in stock acquisition and sales.

On January 19, 2007, the Defendant, as a repayment loan of KRW 200,000,000 of the previous loan of KRW C (hereinafter “instant loan”) with the same amount as the loan of small and medium enterprise funds (hereinafter “the first loan of this case”). On the same day, the Defendant separately implemented the loans of KRW 300,000,000 (hereinafter “instant second loan”) with the loans of KRW 300,000,000, respectively.

3) At the time of the instant loan Nos. 1 and 2, the parent-child Plaintiff at the time of the instant loan between the Defendant and the Defendant, as indicated in the separate sheet owned by him in order to secure obligations, which have been, or will have been, arising from a specific type of credit transaction to be, entered into or will be arising from a contract to be entered into in the future (hereinafter “instant real estate”).

(1) As to the instant mortgage agreement regarding maximum debt amount of KRW 600,000,000 (hereinafter “instant mortgage agreement”), the instant mortgage agreement shall be deemed as having been concluded, and the subsequent mortgage shall be deemed as having been established.

3) After the conclusion of the registration, the establishment registration of a mortgage on the part of the claims stated in the principal claim (hereinafter “registration of the establishment of a mortgage on the instant case”).

(4) On the same day, the Plaintiff entered into a limited collateral guarantee agreement of KRW 360,00,000 as a joint and several surety to secure the second loan of this case.

On January 19, 2007, No. 1 of this case, which is the name of document preparation prepared on the date of lending the name of loan.

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