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(영문) 서울동부지방법원 2017.12.21 2016가합105150
전부금 청구의 소
Text

1. The Defendant’s KRW 244,825,012 as well as the Plaintiff’s annual rate from July 7, 2016 to June 15, 2017, and the following.

Reasons

Basic Facts

C Co., Ltd. (hereinafter referred to as “C”) is a company that manufactures and sells automobile parts at a factory established on June 24, 1997 and located in S in S in S in Sungsung City (hereinafter referred to as “instant factory”).

On July 8, 2014, the Defendant leased KRW 400 million to C with a fixed interest rate on July 7, 2017, and the interest rate (hereinafter “the first loan agreement”). The Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “the instant collateral security”). The Plaintiff completed the registration of the establishment of a new mortgage (hereinafter “instant collateral security”) with the Seoul Eastern District Court (Seoul Eastern District Court) as to the fourth-story neighborhood living facilities on the said ground, the size of 503.7m2, Songpa-gu, Seoul E-gu and the 54.10m2, which is owned by C in order to secure C’s debt for the first loan loan.

On July 8, 2014, the Defendant entered into a contract with C to set up a collateral security right (hereinafter “instant collateral security right”) for a total of KRW 1,271,57,000 with respect to the appraisal price, such as a series of hydrogen atmosphere, which is owned by C (hereinafter “the instant movable property security right”), as the maximum debt amount of KRW 480,00,000,000, and the duration of the collateral security right is five years, and the registration of the creation of collateral security right was completed on July 8, 2014 with respect to each of the said machines and instruments as the Suwon District Court, the Sungsung District Court, the registration office, etc. of the creation of collateral security right, as the receipt No. 81 on July 8, 2014.

At the time of the above contract, the collateral obligation of the collateral security right was set as the so-called limited collateral security type, that is, “C is now and future obligations owed by it to the Defendant due to any of the following transactions,” but did not set individual transaction types.

On July 10, 2014, the Defendant lent KRW 530 million to C (hereinafter “second loan”) and guaranteed this by F.

The defendant was partly repaid with respect to the first and second loans as follows:

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