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(영문) 서울서부지방법원 2014.12.16 2014가단27336
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 170,067,702 and KRW 91,311,477 among them, from March 13, 2014 to August 13, 2014.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. On October 17, 2007, Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd”) entered into a credit transaction agreement with the Plaintiff on a loan of KRW 460,000,000, and determined the compensation rate for delay at 19% per annum.

At this time, Defendant B and C jointly and severally guaranteed the Defendant Company’s loan obligations against the Plaintiff, and in addition, Defendant C provided as security Nos. 508, 2303, and the Plaintiff acquired the first priority collateral security (the highest claim amount: 598,000,000 won) from the Namyang-si, Namyang-si.

On January 11, 2012, between the Plaintiff and the Defendant Company entered into an agreement between the Plaintiff to partially reduce loans at KRW 414,665,00, and to change the repayment period on January 17, 2013. In this context, Defendant B and C were jointly and severally guaranteed.

The defendant company closed its business on October 12, 2012, when the defendant company faces management difficulties and did not pay 414,665,000 won.

On June 2013, the plaintiff applied for a voluntary auction of real estate to the Jung-gu District Court F by exercising the right to collateral security, which became due and due.

In February 2014, the Plaintiff submitted a claim statement of KRW 414,65,00, interest of KRW 78,811,115 (from January 14, 2013 to March 11, 2014), total amount of KRW 493,476,115 to an auction court.

From the proceeds of sale of KRW 327,700,000, KRW 30553, which shall be distributed on March 12, 2014 (=the proceeds of sale of KRW 327,70,000, KRW 305,553), the auction court first deducted the total of KRW 4,652,030 from the proceeds of sale and distributed KRW 323,353,523 in the order of priority to the Plaintiff.

The plaintiff designated and appropriated the dividend in the principal for the benefit of the debtor.

[Grounds for recognition as to Defendant B: Gap evidence 2, Gap evidence 3, Gap evidence 5, Gap evidence 8 through Gap evidence 11, Gap evidence 13, the purport of the whole pleadings and arguments as to Gap evidence 13]

B. According to the above facts of determination, the principal of the loan obligation as of the date of the closing of argument in the instant case is KRW 91,311,477 = 414,665,00.

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