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(영문) 서울서부지방법원 2020.11.25 2019가합39904
양수금
Text

1. The Defendants each of the Plaintiffs’ KRW 147,867,316, and 5% per annum from October 16, 2019 to November 25, 2020.

Reasons

1. Facts of recognition;

A. The Defendants, F (hereinafter “F”), and H decided to construct a multi-household house on their ground as co-owners of the area of 242.6 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The project executor appointed J Co., Ltd. to undertake new construction works through construction as determined by J Co., Ltd.

B. On February 7, 2017, the K Union (hereinafter “the instant union”) entered into a credit transaction agreement with the Defendants, F, H, and L, with a credit amount of KRW 680,00,000,000, and interest rate of February 7, 2018, interest rate of KRW 4.58% (mutual MOR interest rate of KRW 2.67%) and overdue interest rate of KRW 13% (if the delayed period is at least three months from the date on which arrears occurred) and lent the said money to the Defendants, F, and H.

(On the other hand, the Defendants, F, and H have received a loan as a construction cost for the new construction works under the above Section A (A).

On February 7, 2018, the instant association entered into an additional credit transaction agreement with the Defendants, F, H, and the Defendant to extend the expiry date of the credit term of the said credit transaction agreement to February 7, 2019, and to increase the interest at 5.049% per annum.

(hereinafter collectively referred to as “the instant credit transaction agreement”). D.

On the other hand, the Defendants, F, and H had established each of the instant collective security rights and superficies (hereinafter “each of the instant collective security rights and superficies”) as follows in order to secure a loan obligation under the instant credit transaction agreement.

① Seodaemun-gu Seoul Western District Court No. 2-1 - No. 3948, Feb. 7, 2017; the maximum debt amount No. 816,00,000; and the right to collateral security No. 13, the right to collateral security No. 2, Seodaemun-gu Seoul Western District Court No. 1-1-2, the right to collateral security No. 2, the right to collateral security No. 3949, Feb. 7, 2017; the right to collateral security No. 2, the right to collateral security No. 13: The right to collateral security No. 2, the right to collateral security No. 3949, the right to collateral security No. 2, the right to collateral security No. 3948, the right to collateral security; and the right to collateral security No. 2, the right to collateral security No. 2, the right to collateral security; and the right to collateral security No. 2, the right to collateral security;

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