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(영문) 서울중앙지방법원 2020.11.05 2019가합579377
구상금
Text

The Defendant’s KRW 4,439,879,00 for the Plaintiff and KRW 805,416,00 for the Plaintiff and KRW 3,634,463,00 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the father of the Defendant. On September 8, 2012, the Plaintiff was used as cerebrovascular, and was performed twice, but failed to recover. Accordingly, on August 5, 2014, the procedure of adult guardianship was initiated against the Plaintiff, and the Defendant was appointed as the guardian of the Plaintiff. (2) On August 10, 2016, the Seoul Family Court rendered a decision to change the Plaintiff’s adult guardian from the Defendant to B and D accounting corporation (Seoul Family Court 2015B), and the said decision became final and conclusive on November 9, 2016.

3) A law firm (with limited liability) filed an application with the Seoul Family Court for permission to file the instant lawsuit, and the Seoul Family Court permitted the said application on August 27, 2019 (Seoul Family Court Decision 2019Hu51785).

B. Establishment of a right to collateral security and the Plaintiff’s subrogation for securing the Defendant’s debt 1) The Plaintiff, Inc. (hereinafter “E”).

The “loan principal” as listed below against the Plaintiff refers to each of the instant real estates listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “each of the instant real estates”) between E and E for the security of each obligation described below.

2) As to the mortgage, the lower court concluded a contract on the creation of a mortgage with each amount indicated below the maximum amount of debt as to E, the debtor, the Defendant, and the maximum amount of debt indicated below, and concluded a contract on the creation of a mortgage with each amount indicated below (hereinafter “the creation of a mortgage of this case”). The lower court determined the establishment of a mortgage of this case as follows:

207.

(1) A contract establishing a contract on September 28, 201, as stated in the attached Table 2 of the attached Table 2 of the Seoul Eastern District Court No. 43861, Sept. 29, 201; KRW 28,210,00,000; KRW 20,96,012,726, as stated in the attached Table 2 of the attached Table 2 of the real estate, as stated in the attached Table 1 of the title 1 of the receipt number of real estate subject to mortgage claim and the maximum amount of debt to be loaned, as of February 21, 2012, the Seoul East Eastern District Court: (a) signed a contract on February 21, 2012; (b) KRW 7,50,000,000,000 for KRW 3,50,000,000,000 as stated in the attached Table 3 of the attached Table 2 of the

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