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(영문) 서울중앙지방법원 2017.08.24 2017가합13682
보증채무금
Text

The defendant shall pay 111,976,298 won to the plaintiff and 15% per annum from August 9, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 16, 2006, the New Bank Co., Ltd. (hereinafter “New Bank”) announced that on August 13, 2007, the due date for payment of KRW 73,000,000, and on August 13, 2007, the interest rate fluctuation rate (e.g., the date on which the LIBOR base loan was implemented and the date on which each one month lapses from the date on which the LIBA (BBA) rate was conducted, respectively, and applied the interest rate provided by a reliable telecommunications company as the interest rate. Accordingly, the interest rate was modified every month (Article 2(1)7 of the Loan Agreement + 2.8%).

On the same day, the defendant guaranteed the debt of this case within the limit of KRW 780,000,000.

B. The Defendant registered the establishment of a mortgage on August 18, 2006 with respect to the land and its ground buildings owned by the Defendant as joint collateral for the debt of the instant loan (hereinafter “each of the instant real estate”) with respect to the establishment of a mortgage on August 18, 2006 with respect to the new bank, debtor B, and maximum debt amount of KRW 520,000,000, the mortgage on July 31, 2009, which was created on July 31, 2009, with regard to the mortgage of KRW 200,000,000, the mortgage on July 31, 2009, which was created on July 2009, the land and its ground buildings owned by the Defendant as joint collateral except each of the instant real estate, was cancelled on July 29, 2013.

(hereinafter collectively referred to as “each of the instant collateral security”) has been completed.

C. On August 28, 2012, the New Bank transferred the assets including the instant loans to the Yonhap Asset Management Co., Ltd. (hereinafter “Joint Asset Management”). D.

On September 25, 2012, the Plaintiff entered into an asset acquisition agreement with the purport that the Plaintiff would take over the status of the management of the combined assets under the said assets acquisition agreement.

The Plaintiff, under Article 7 (1) of the Asset-Backed Securitization Act, on September 26, 2012 and September 27, 2012.

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