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(영문) 서울고등법원 2018.04.25 2017나2050110
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The plaintiff is a representative of C Co., Ltd. (hereinafter "C"), and the defendant is a father of D.

B. On March 21, 2012, C entered into a monetary loan agreement with the Defendant to borrow KRW 400 million as a business expense necessary for opening and operating a F branch. At the time, C at the time, C, in order to compensate the Defendant for the principal of KRW 500,000 per month and interest of KRW 4.85% per annum, agreed to provide the Defendant with all kinds of rights incidental to the Defendant’s stores by means of transfer, etc. in order to guarantee the Defendant’s performance of a loan obligation. (2) In addition, C, on May 4, 2012, concluded a monetary loan agreement to borrow KRW 50,000,000 in terms of business expenses necessary for opening and operating a G branch from the Defendant.

At the time, C agreed to pay to the Defendant the principal of at least five million won per month and interest of at least 5.2% per annum, and to provide D with all rights incidental to the store by means of transfer, etc. in order to secure the Defendant’s repayment of loan obligations.

(hereinafter referred to as “each of the instant monetary loan agreements” by referring to the said two monetary loan agreements.

D) The New Bank Co., Ltd. (hereinafter “New Bank”) on March 21, 2012

A) A loan agreement of KRW 400 million was concluded with the Defendant, at the time, set up the right to collateral security of KRW 480 million with respect to the land and building owned by Gangnam-gu Seoul, Seoul and the obligor, and the maximum debt amount of KRW 480 million with D. Furthermore, D concluded a loan agreement with the new bank on May 2, 2012, and at the time the Defendant set up the right to collateral security of KRW 660 million with respect to the above land and building owned by the mortgagee and the obligor, with respect to the maximum debt amount of KRW 550 million with respect to the said land and building.

The above two recommendations are made.

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