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Reasons
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(영문) 대구지방법원 2019.08.23 2018가단123380
구상금
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1. The Defendant’s KRW 54,167,146 as well as 5% per annum from June 15, 2018 to August 23, 2019, respectively, to the Plaintiff.

Reasons

1. Chief;

A. The Plaintiff’s loan amount of KRW 20,00,000 on January 22, 2013 and KRW 20,000 on the loan amount of KRW 8,00,00 on February 12, 2013 and KRW 2,00,000 on March 18, 2013; KRW 10,000 on March 10, 2013; KRW 30,000 on the loan amount of KRW 10,000 on May 15, 2013; and KRW 10,00,000 on the loan amount of KRW 10,00 on the loan amount of KRW 30,00 on the loan amount of KRW 15,00,00 on the loan amount of KRW 10,00 on the loan amount of KRW 10,00 on the loan amount of KRW 130,30,300 on the loan amount of KRW 2038,2013.

(2) On July 2, 2013, the Plaintiff created a collateral security (hereinafter referred to as the “mortgage security”) with the Defendant’s creditor, Nonparty D Co., Ltd. (hereinafter referred to as the “Nonindicted Company”) with the Defendant’s creditor, debtor, and maximum debt amount of KRW 200,000,00, with the intent to secure the Defendant’s payment of the instant loan claim.

3) On September 9, 2013, the Plaintiff repaid KRW 30,000,00 to the Defendant, and thus, the Defendant’s instant loan claims amounting to KRW 111,00,000. 4) On September 1, 2017, the Plaintiff sold the instant mortgaged real estate to Nonparty E-I (hereinafter “EI”). On July 27, 2017, the Plaintiff applied for a voluntary auction against the instant mortgaged real estate by Nonparty FF association, the first priority mortgagee of the instant mortgaged real estate, filed an application for the instant auction against the instant mortgaged real estate with the third party.

5) In addition, in the above voluntary auction case, the non-party company reported the claim of KRW 313,040,000 against the Defendant and received dividends of KRW 200,002,191. 6) Ultimately, the Plaintiff paid the Defendant a debt of KRW 111,00,000 to the Defendant with respect to the instant secured real estate by exercising the right to collateral security of this case. In addition, the Plaintiff paid the Defendant a debt of KRW 89,00,191 to the said D Co., Ltd. by subrogation.

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