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(영문) 서울중앙지방법원 2016.12.09 2015가단103997
대출금
Text

1. The defendant (Appointeds) and the appointed parties shall be jointly and severally liable to the plaintiff within the limit of KRW 9,100,000,000,000.

Reasons

1. Basic facts

A. The Selected Co., Ltd. (hereinafter referred to as the “Selection”) is the executor of the development project of Hosan City C Apartment (D apartment) 4, 499, and incidental facilities (hereinafter referred to as the “instant apartment”) (hereinafter referred to as the “instant development project”), and the Samsung Mutual Savings Bank (hereinafter referred to as the “Seung Savings Bank”) prior to the bankruptcy is the designated financial institution that loaned the instant development project funds to the Selection B, which was declared bankrupt on June 24, 2011 and appointed the Plaintiff as the trustee in bankruptcy on the same day.

B. On June 23, 2008, the Samwon Savings Bank entered into a credit transaction agreement with Nonparty E (hereinafter “the instant credit transaction agreement”) and entered into a loan agreement with Nonparty E, 13% per annum (the interest rate shall be changed to 1% per annum thereafter), 25% per annum (the annual rate shall be changed to 13% per annum thereafter), 20% per annum (the interest rate shall be changed to 13% per annum), and on December 23, 2008 (the date shall be changed to September 23, 2010) (hereinafter “the instant loan (hereinafter “the instant loan”) and borrowed loans with the designated parties, B and Defendant (the appointed parties; hereinafter “Defendant”), and the appointed parties agreed to guarantee their obligations with each guarantee limit of KRW 9.1 billion.1 billion.

C. Also, on the same day, the Suhyup Savings Bank was established with regard to the 117 households apartment units among the apartment units in the name of the designated parties B as collateral for the claim for the instant loan on the same day with the maximum debt amount of KRW 9.1 billion.

[hereinafter] The instant collateral security (hereinafter “instant collateral security”) D.

The Plaintiff received dividends of KRW 3,851,073,856, December 9, 2015, as a mortgagee of the instant collateral security, from the Daegu District Court G real estate auction procedure conducted with respect to 41 households out of the said collateral security (hereinafter “the dividend”). ② The Plaintiff received dividends of KRW 1,891,648,54, which was conducted with respect to 76 households out of the said collateral security (hereinafter “the dividend of KRW 2”).

(e) dividends 1.

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