(영문) 서울중앙지방법원 2018.05.31 2017가합37589

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(영문) 서울중앙지방법원 2018.05.31 2017가합37589

양수금

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1. The defendant shall be jointly and severally and severally with the non-party limited liability company B within the limit of KRW 1,380,000,000 to the plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) On October 31, 2002, Nonparty C changed the trade name to Korea Bank after its merger with Korea Bank (after its merger with Korea Bank).

() The loan limit from the loan amount to 1.15 million won, due date on October 30, 2003, interest rate is fixed interest rate of 2.38%, interest rate of less than 2.38% per annum for less than three months, and interest rate of not less than three months is 17% per annum for general loan for corporate driving (hereinafter “instant loan agreement”), and the bonds and obligations arising therefrom are each “the instant loan claim” and “the instant loan obligation”.

2) On February 2, 2004, the non-party limited liability company B (hereinafter “B”) agreed to take over the loan obligations under the instant loan agreement between Korea Bank Co., Ltd. (hereinafter “Korea Bank”) and D Co., Ltd. to secure the above loan obligations acquired by B. In order to secure the above loan obligations, D Co., Ltd., Ltd., and the non-party limited liability company established the right to collateral security as to the E-building No. 201 to 208 (hereinafter “each real estate of this case”).

3) On the same day B applied the interest rate of 0.92% in addition to the base rate of 0.92% in accordance with the change of the terms and conditions of the loan contract of this case between the bank and the bank, and entered into an additional agreement to extend the repayment period for the loan to August 2, 2004. The Defendant entered into a contract to guarantee the extension of the repayment period for the loan of this case within the limit of 1.38 billion won in the loan of this case. (4) The Defendant did not repay the loan of this case to the bank of this case. As the bank did not repay the loan of this case, it received a voluntary decision to commence the auction on May 27, 2005 after requesting an auction for exercising the security right on each of the real estate of this case.

[The 5] Korean bank is proceeding with the same court G, H, I, J, K, and the above auction case.

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