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(영문) 서울고등법원 2019.01.10 2018나2031567
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

D. On May 18, 2006, C entered into a loan agreement and foreign exchange transaction agreement (hereinafter “instant loan agreement”) with D Co., Ltd. (hereinafter “D Bank”) on loans for general loans for loans for credit subjects, loans for a limit of 1,700,000,000 won, and loans for credit transaction as of May 18, 2007 (hereinafter “instant loan agreement”) between D Bank and the Defendant and D Bank. At that time, around 15,575,000 UN (hereinafter “instant loan”). On the other hand, the following loans were implemented: (a) omitting the indication of “Japaneseization” and indicating only “N”.

The Plaintiff asserted that C was granted a loan of KRW 1,70,000,000 from D Bank in accordance with the instant loan agreement. However, in full view of the purport of the entire pleadings in each of the entries in the evidence Nos. 15-3 through 7, C appears to have been granted a loan of KRW 15,575,000, and the said KRW 1,700,000,000 means the amount of credit limit.

According to Article 2(2) of the Loan Agreement, if a person fails to perform his/her obligation at the expiration of the credit period or loses the benefit of time under Article 7 of the General Terms and Conditions for Credit Transactions, he/she shall pay damages for delay to the balance of the credit from that time.

On May 18, 2006, the Defendant concluded a mortgage contract between D Bank and D Bank with a maximum debt amount of KRW 2,210,000,000,000 with respect to all obligations currently and future against D Bank as collateral obligations (hereinafter “instant mortgage contract”); and the Defendant’s mid-gu Seoul Special Metropolitan City E-gu 102 square meters and its ground buildings (the foregoing building was removed around December 3, 2010; hereinafter “instant real estate”). As to the instant mortgage contract, the maximum debt amount of KRW 2,210,000,000 and the debtor and C bank as collateral.

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