logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.08.23 2018가단100789
대여금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) from November 10, 2017, as to KRW 402,223,616 and KRW 129,795,458 among them.

Reasons

1. Facts of recognition;

A. On May 19, 2009, the Plaintiff entered into a credit transaction agreement (hereinafter “the credit transaction agreement of this case”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) with the following terms and conditions (hereinafter “the credit transaction agreement of this case”). In order to secure the Defendant B’s obligation to the Plaintiff under the credit transaction agreement of this case, the Plaintiff obtained the registration of establishment of a mortgage of KRW 286,000,000 for the land of 15 parcels, Gyeong-gun, Gyeong-gun, Gyeong-gun, and 15 parcels owned by Defendant B and four other.

(hereinafter the Plaintiff’s right to collateral security on the said real estate (hereinafter “the instant right to collateral security”) shall be the credit extended amount of 220,000,000 won to the general loan of the credit subject subject under the terms of the instant credit transaction agreement, and the interest rate shall be changed on May 19, 2009 on May 19, 201 (18% per annum) on May 19, 2011.

B. Meanwhile, at the time of the conclusion of the instant credit transaction agreement, Defendant C jointly and severally guaranteed the obligation under the instant credit transaction agreement against the Plaintiff by Defendant C within the limit of KRW 286,00,000.

C. The Defendants did not repay their obligations under the instant credit transaction agreement. The Plaintiff received dividends of KRW 449,834,191 on September 14, 2017 through a voluntary auction based on the instant collateral security agreement (Seoul District Court Decision Masan Branch F, G, H, and I), thereby, the amount of Defendant B’s obligations to the Plaintiff based on the instant credit transaction agreement as of November 9, 2017 (i) KRW 402,223,616 (i) the principal amount was 268,843,670 overdue interest of KRW 3,584,48).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including the number of each branch), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Plaintiff, the creditor of the instant credit transaction agreement, and the Defendant B, the principal debtor of the instant credit transaction agreement, as the principal debtor of the instant loan transaction agreement, as to KRW 402,223,616 (= Principal KRW 129,795,458) and KRW 268,843,670 in interest interest and KRW 3,584,48 in interest and KRW 129,795,458 in interest.

arrow