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(영문) 서울중앙지방법원 2016.10.27 2015가합11309
대여금 등
Text

1. Defendant B’s interest rate of KRW 397,193,956 to the Plaintiff (Appointed Party) and its interest rate from January 16, 2016 to the date of full payment.

Reasons

1. Basic facts

A. (1) Defendant B was loaned KRW 680,00,000 from the Sungdong Credit Union on September 29, 2010 at an annual interest rate of KRW 7.9% per annum and KRW 21% per annum (hereinafter “instant first loan”). (hereinafter “instant loan”).

(2) At the time, Defendant C at the time entered into a comprehensive continuing guarantee agreement under which the amount of guarantee limit is KRW 884,000,000 with the Sungdong Credit Union (hereinafter “instant primary continuing guarantee agreement”).

(2) On the same day, Defendant C concluded a mortgage agreement with Sungdong Credit Union at KRW 884,00,000 with the maximum debt amount as well as the real estate indicated in the separate sheet owned by it as security for the instant loan No. 1, and on October 1, 2010, the establishment registration of a collateral for each of the real estate listed in the separate sheet was completed (hereinafter “the instant first collateral security agreement”).

B. 1) Defendant B was loaned KRW 500,00,000 from the New Seoul Credit Union at an annual interest rate of KRW 7.9% per annum and KRW 24% per annum on September 2010 (hereinafter “instant second loan”).

(C) At the time, Defendant C’s general contract on the guarantee amount of the Seoul Credit Union (hereinafter “instant second contract on the guarantee amount”) is KRW 650,000,000,000 on the part of the new Seoul Credit Union (hereinafter “instant contract on the guarantee amount”).

2) On the same day, Defendant C concluded a mortgage agreement with the new Seoul Credit Union at KRW 650,000 with the maximum debt amount as well as the mortgage agreement at KRW 650,000 on October 1, 2010 with each real estate listed in the separate sheet as joint collateral (hereinafter referred to as “instant secondary collateral security”) on the same day.

C. 1 On September 10, 2012, the Plaintiff entered into an agreement on the transfer and takeover of claims with the Sungdong Credit Union, and loans from Sungdong Credit Union No. 1 to Defendant B.

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