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(영문) 인천지방법원부천지원 2019.01.09 2018가합100082
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic facts, E Co., Ltd. (hereinafter “E”) entered into a loan transaction agreement with F Co., Ltd. (hereinafter “F”) on August 27, 2010 with a maximum loan amount of KRW 8 billion, year of repayment, and interest rate of KRW 1.3% per annum (hereinafter “Loan Agreement”). Accordingly, G, H, I, J, and the Defendant jointly and severally guaranteed this agreement.

G on August 27, 2010, in order to secure the repayment obligation of the above loan under the name of G, G completed the registration of creation of a neighboring mortgage in the name of K forest land 141,534 square meters, L forest land 59,402 square meters, M forest land 274,247 square meters (hereinafter “Yin-si N”) with respect to three lots with a maximum claim amount of KRW 10.4 billion, and under the name of F with the debtor E.

(hereinafter “instant right to collateral security”). E and F concluded a loan transaction agreement with the loan balance of KRW 6.9 billion on August 29, 2013, the due date of repayment, the interest rate of KRW 9% per annum, and the damages rate of KRW 22% per annum, and extended the period of the prior loan transaction agreement (hereinafter “the loan agreement of August 29, 2013”), and both G and the Defendant jointly guaranteed the said agreement.

On September 30, 2011, G and the Defendant concluded a sales contract with the purchase price of KRW 56,127 square meters among L forest and K forest, KRW 49,762 square meters among M forest and M forest, KRW 165,291 square meters (50,000 square meters) with the purchase price of KRW 10 billion.

hereinafter referred to as "sales contract on September 30, 201" is called "sales contract on September 30, 201."

(2) On November 14, 201, the Plaintiff completed each registration of transfer of ownership on the grounds of sale on July 3, 2012 with respect to each divided forest and L forest on November 3, 2012, where 56,127 square meters among K forest and 49,762 square meters among M forest were divided into P, and a subdivision registration was completed on November 15, 201.

As the Defendant’s subrogation against F did not pay interest under the lending agreement on August 29, 2013, F notified on June 5, 2014 that F would terminate the lending agreement on August 29, 2013. On June 18, 2014, the Defendant subrogated to F for KRW 7,060,892,898 for E’s lending obligation to F, and the instant collateral security interest.

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