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(영문) 서울중앙지방법원 2018.11.30 2017가단5165512
손해배상(기)
Text

1. The Defendant’s KRW 81,423,104 as well as the Plaintiff’s annual rate of 5% from April 18, 2017 to November 30, 2018, and the following.

Reasons

1. Basic facts

A. On May 2, 2014, the D Association, including C’s claims, (hereinafter “D”) loaned KRW 500 million to E (F after the opening of the name; hereinafter the same shall apply) on May 9, 2017, setting the term of validity of the loan at 18% per annum on the date of expiry of the loan and at 18% per annum.

G unions (hereinafter referred to as “G unions”) on May 9, 2014 set the expiration date of the loan to E on May 9, 2014 at 1.0 billion won per annum 15% per annum on May 9, 2017 and on the expiration date of the loan.

On May 1, 2014, the Association registered the creation of a neighboring mortgage with a maximum debt amount of KRW 650,000,000,000,000 for H land and a building on the ground (hereinafter “the instant real estate”) in Jeonjin-gu, Seoul Special Metropolitan City. The Association completed the establishment of a neighboring mortgage with a maximum debt amount of KRW 1.3 billion.3 billion, respectively.

D. On November 26, 2015, the Association and G Cooperatives transferred each of the above loans to E to the I Asset Management Company. Accordingly, on December 11, 2015, the additional registration of the transfer of each of the instant real estate was made.

I Asset Management Company transferred each of the above loans to C on July 25, 2016, and accordingly the additional registration of each of the instant real estates was made on the same day.

B. The Plaintiff’s claim against C, including the establishment of the Plaintiff’s claim against C and the right to collateral security, is KRW 642,578,580 in total on April 17, 2017 (the date of distribution of the J real estate auction case by the Jeonju District Court) (i.e., the principal amount of KRW 5330,000,000 won and interest of KRW 109,578,580).

On July 25, 2016, K Co., Ltd. (hereinafter “K”) established a pledge with the amount of claims KRW 1.3 billion and KRW 650 million on each establishment of a new mortgage that was completed with C as a creditor with respect to the instant real estate on July 25, 2016, and completed an additional registration with respect to each right to collateral security.

On July 26, 2016, the Plaintiff entered into a pledge agreement with C, and made a supplementary registration of each right to collateral security with a total of KRW 225 million and KRW 345 million.

C. As to the instant real estate on October 20, 2015, G Cooperatives, including the Defendant’s report on claims, etc.

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