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(영문) 서울중앙지방법원 2018.02.07 2017가단34064
보증채무금
Text

1. The Defendant’s KRW 89,694,304 as well as 5% per annum from January 10, 2018 to February 7, 2018 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The facts below acknowledged facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Gap evidence No. 1-16.

1) The Han Bank Co., Ltd. (hereinafter “one Bank”) is called one bank.

(2) On February 15, 2006, B granted a loan of KRW 150,000,000,000,000,000 to B, under the name of a general loan, the expiry date of the credit period on February 15, 2007, with the maximum damages rate of KRW 19% per annum. The Defendant, as the spouse of the principal debtor at the time, guaranteed the principal debtor B’s obligation with the maximum amount of KRW 190,000,000,000. 2) The Han Bank transferred the instant loan claim to the Plaintiff on March 8, 2012. On March 30, 2012 and April 2, 2012, the Defendant sent the notice of credit transfer to B by way of content-certified mail, and completed the notification procedure of credit transfer to C on April 17, 2012.

3) On February 15, 2006, the Defendant owned D Apartment 112 Dong 1007, 1007 (hereinafter “instant apartment”).

As to the right to collateral security, IB created the right to collateral security with the maximum debt amount of KRW 195 million. On the other hand, E and F refer to G (hereinafter “instant land”) owned by them on the same day.

In relation to the above right to collateral security, the above right to collateral security was provided as joint collateral.

On June 22, 2012, the Plaintiff received dividends of KRW 135,612,509 in the auction procedure for real estate rent for the apartment and land in Gwangju District Court’s Hacheon Branch H on June 22, 2012. At the time, the obligation for the principal and interest of this case remains in total of KRW 199,39,394,82, as of June 22, 2012, the principal and interest of this case were in total of KRW 149,47,522, interest 49,917,300.

The amount to be distributed to the auction procedure of the above real estate was KRW 175,065,737, but the amount to be actually distributed was KRW 11,310,00,000 for the apartment sale price of this case, KRW 32,565,00 for the sale price of this case, KRW 14,565,00 for the interest on delay and procedural costs, and the deposit for advance auction, etc., was 170,828,807.

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