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(영문) 인천지방법원 2019.01.10 2016가단235366
손해배상(기)
Text

1. The Defendant’s KRW 99,554,794 as well as 5% per annum from December 2, 2016 to January 10, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On July 28, 2005, the Plaintiff, D, and E (hereinafter referred to as the “Plaintiff, etc.”) agreed to lend the Plaintiff a total of KRW 1.2 billion (hereinafter referred to as the “the instant loan”) by investing KRW 50 million, KRW 50 million, KRW 50 million, and KRW 1.50 million, and KRW 1.2 billion, E, as the representative of the F Co., Ltd, to H through G’s intermediation, with the interest rate of KRW 48% per annum, the overdue interest rate of KRW 66% per annum, and the due date of payment October 28, 2005. The I jointly and severally guaranteed the instant loan obligation.

B. On July 26, 2005, the Plaintiff and D entered into a mortgage contract with H as a collateral for the debt of the instant loan to the Plaintiff, etc., which is owned by the J company, with a maximum amount of KRW 1.8 billion, on July 27, 2005, which was divided into the land in Incheon-gun, Incheon-gun (which was then divided into each land listed in paragraphs 1 through 1.3 of the attached Table 1), L land (which was subdivided into each land listed in paragraphs 4 through 6 of the attached Table 1) 358/2176 of J company's shares in J company's shares, M land owned by J company (which was divided into each land listed in paragraphs 7 and 8 of the attached Table 1-7 of this title) (the land listed in paragraph 9 of the attached Table 1-7 of this case), and on July 27, 2005, the registration office of the Incheon District Court received 19810-2 of the attached Table 30.25 1.36.5

C. On February 16, 2006, the Plaintiff and D entered into a contract to create additional mortgage on each building listed in the attached Table 2, the registration of preservation of ownership of which was completed, in order to add the security of the loan obligation of this case. On February 20, 2006, the Plaintiff and D completed the registration of creation of additional mortgage on each building listed in the annexed Table 2, the registration of preservation of ownership of which was completed.

Attached Form

Each real estate recorded in the list of real estate 1 and 2.

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