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(영문) 서울서부지방법원 2017.05.11 2016가합34786
구상금
Text

1. The Plaintiff (Counterclaim Defendant)’s principal claim against the Defendants and the Defendant (Counterclaim Plaintiff)’s counterclaim claim against the Defendants respectively.

Reasons

1. Determination as to the principal lawsuit

A. Basic facts 1) The parties’ relevant Defendant B Co., Ltd. is a corporation with the objective of building reinforced concrete, etc., and Defendant C is the joint representative director of Defendant B. The Plaintiff served as a registration director of Defendant B from June 30, 1992 to June 30, 2007. 2) On July 21, 2000, the Plaintiff changed the trade name into the Il-il Bank Co., Ltd. (SCB Bank or Korea Standards Bank, Co., Ltd., Ltd.) on July 21, 2000.

(1) The housing of Seocho-gu Seoul Metropolitan Government E 302 (hereinafter referred to as the “instant housing”) shall be between the two:

(B) On March 7, 2007, the Plaintiff entered into a mortgage agreement with the Japanese bank, the Japanese bank, the maximum debt amount of KRW 60 million, and completed the establishment of a mortgage agreement, and subsequently borrowed money from the Japanese bank, which was extended the maximum debt amount of KRW 18 million to the Japanese bank. (B) On March 12, 2007, the Plaintiff entered into the mortgage agreement with the Japanese bank with the Japanese bank on the instant house, and subsequently, completed the establishment of a mortgage agreement with the Japanese bank on March 12, 2007, and subsequently additionally borrowed money from the Japanese bank by increasing the maximum debt amount of the Japanese bank.

C) Defendant B, etc. filed an application for the commencement of a compulsory auction on the instant housing. On September 17, 2009, the Seoul Central District Court G on February 24, 2010, the Seoul Central District Court HH on April 4, 2012, and the Seoul Central District Court I on April 31, 2012. J purchased the instant housing on May 31, 2012, and the Japan Bank received dividends of KRW 145,290,957, June 26, 2012, the date of the said auction procedure, and the fact that the mortgage agreement was related to the said real estate as a surety’s surety’s surety’s surety’s obligation to the Industrial Bank of Korea on April 16, 2007.

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