logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.10.16 2020가단228261
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 11,830,115 as well as 5% per annum from April 30, 2020 to October 16, 2020 and the next day.

Reasons

1. Basic facts

A. On November 10, 2014, the Defendant lent KRW 200 million to C at the rate of 12% per annum on the instant forest, etc. In order to secure the above loan debt amounting to KRW 200 million against C, the Plaintiff on November 11, 2014, owned by the Plaintiff, the Guro-gu Seoul Special Metropolitan City Forest, Inc. (hereinafter “instant forest”).

On November 11, 2013, the establishment registration (first order) of a neighboring mortgage was completed in the amount of KRW 180,000,000,000 for debtors C, collateral security holders E, and maximum debt amount.

[Attachment C] The registration of creation of a mortgage over the maximum debt amount of KRW 200 million to the debtor C, the mortgagee, the defendant, and the maximum debt amount (hereinafter “the instant mortgage”).

(2) At the time of the establishment of a mortgage agreement, the term “mortgager shall set up a collateral security right to the real estate in this case” includes a clause that, within the extent of the aforementioned amount, the obligor shall pay to the obligee the amount of the collateral, the amount of the debt, such as a certificate of payment, signed and sealed by the obligor as either a single or joint obligation or a guarantor to be borne at the time or to be borne in the future, and all obligations arising out of all bills or checks and obligations arising out of commercial transactions, or all obligations arising out of commercial transactions, of which the issuer has taken over as a guarantee for issuance and endorsement. (2) On May 29, 2015, C paid in full to the Defendant, but C

3) On August 24, 2015, the Defendant’s wife F determined KRW 500 million to C on February 28, 2016 as due date and KRW 12% per annum, and leased the instant forest land owned by the Plaintiff and the instant forest land owned by C, and KRW 110 square meters per annum, Guro-gu Seoul, Seoul (hereinafter “the instant forest”).

2) On the same day, the Defendant C, the mortgagee F, the maximum debt amount of KRW 650 million, the maximum debt amount of KRW 650,000,000,000 was provided as joint collateral, and the establishment registration of mortgage (the first priority was completed) with respect to the forest of this case prior to the instant case.

On the same day C issued and delivered promissory notes with face value of KRW 650 million.

arrow