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(영문) 대전지방법원 2018.01.25 2017가단217479
양수금
Text

1. The Defendant’s KRW 79,073,131 and KRW 9,97,853 among the Plaintiff and KRW 16,00 per annum from June 9, 2017 to July 10, 2017.

Reasons

Facts of recognition

(1) The defendant, B, and C are the defendant, the defendant, the defendant, and the defendant, the defendant, and the C are the new agricultural cooperative on June 19, 2007 (hereinafter "new agricultural cooperative").

(2) In order to secure the Defendant’s obligation to the Defendant, the Defendant entered into a contract with the maximum debt amount of KRW 330 million with respect to the real estate owned by it, and completed the registration of the establishment of a mortgage on June 20, 207 (hereinafter “the first collateral mortgage”).

(2) On September 18, 2007, the Defendant entered into a contract to set up a collateral with respect to the real estate owned by the Defendant to secure the obligation owed by the Defendant to the New Agricultural Cooperatives, the maximum debt amount of KRW 52 million, and completed the registration of establishment of a collateral on the same day.

(B) On December 13, 2007, the Defendant entered into a contract with the Shinyeongup, Inc. to set up the right to collateral security at KRW 170 million with respect to the real estate owned by the Defendant to secure the Defendant’s debt owed to Shinsung, Inc. (hereinafter “the right to collateral security”). On the same day, the right to collateral security following the registration of creation of collateral security was completed (hereinafter “the right to collateral security”) on the same day.

1) On June 22, 2007, Shinsung entered into a loan agreement with the Defendant on a loan limit of KRW 250 million.

After that, on September 21, 2007, the Defendant increased the lending limit to KRW 290 million. ② On June 20, 2011, the interest rate was changed to the 21% per annum as the floating interest rate, and the interest interest was changed to the 21% per annum. ③ On June 21, 2013, the payment period was changed to June 22, 2015.

(hereinafter referred to as “the instant First Loan Agreement”). 2 New Sejong Agricultural Co., Ltd. on July 16, 2010 due date for payment of KRW 10 million to the Defendant on July 16, 2012, the interest rate and interest interest interest rate shall be the maximum of 21% per annum, as the fluctuation rate.

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