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(영문) 수원지방법원 2016.06.10 2015나27597
약속어음금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Where there is no dispute between the parties to the determination as to the cause of the claim, or where it can be recognized by comprehensively taking into account the respective entries (numbered, numbered, each number included, hereinafter the same shall apply) in Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 8, and the overall purport of pleadings, barring any special circumstance, the defendants are jointly and severally liable to pay 600,611,154 won (i.e., the following amount: 530,000 won (i.e., the sum of principal and interest on the loans No. 530,000,000 won from June 1, 2012 to May 14, 2014; 172,50,000 won calculated at the rate of 30% delay damages calculated at the rate of 102,388,846 won) and 300,000 won per annum from May 15, 2014.

On June 18, 2007, the Plaintiff loaned KRW 500 million (hereinafter “instant loan”) to Defendant C on June 18, 2008, with an interest rate of 2.5% per month, which was due date. Defendant B guaranteed Defendant C’s debt on the same day.

B. On June 19, 2007, in order to secure the instant loan claim, the Plaintiff completed the registration of establishment of a mortgage on the land indicated in [Attachment List Nos. 1 through 6] on June 18, 2007, including the maximum debt amount KRW 750,000,000, and the debtor as the Defendants.

C. On June 10, 2008, Defendant C repaid KRW 200 million out of the instant loan to the Plaintiff, and the Defendant cancelled the registration of establishment of a neighboring mortgage on the land listed in attached Table 5.

On October 4, 2010, the Plaintiff and the Defendants agreed to transfer the ownership (provisional registration) of the land indicated in Articles 7 and 9 of the [Attachment List (hereinafter “First Agreement”) at the price of KRW 500 million, including KRW 300,000,000,000,000 of the loan principal up to that time, and KRW 200,000,000,000,000,000,000). The Plaintiff and the Defendants are responsible for and settled the loans from the Defendants.

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