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(영문) 서울중앙지방법원 2016.04.26 2015나62943
대여금등
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The first loan and the Defendant’s joint and several sureties 1) on June 11, 2008, the Plaintiff loaned KRW 50 million to B Co., Ltd. at the overdue interest rate of 17% per annum (hereinafter “first loan”).

(2) On March 24, 2011, the Defendant, the representative director of B, at the time, set the limit of the collateral guarantee as KRW 65 million, and jointly and severally guaranteed the debt of the first loan. (2) A Co., Ltd. lost its interest due to delay in the payment of principal and interest.

3) Meanwhile, as of November 30, 2014, the debt amount of the first loan as of November 30, 2014 remains at KRW 61,760,417 (principal principal KRW 34,572,690 and overdue interest KRW 27,187,727). (b) The Plaintiff, separate from the first loan, extended a loan to the Defendant, separately from the second loan, KRW 130,000,000,000 on October 12, 2007, and KRW 30,000,000 on February 27, 2009, and KRW 30,000 on March 4, 2010, respectively.

(hereinafter, the Plaintiff’s above three loans (hereinafter collectively referred to as “second loan”). 2) The Plaintiff is the Defendant’s owner of Seoyang-gu C Apartment Nos. 101, 1706 (hereinafter referred to as “instant apartment”).

(3) As to the instant apartment, on October 2012, 2007, the registration of creation of a mortgage over the maximum debt amount of KRW 156 million, KRW 36 million on February 27, 2009, the maximum debt amount of KRW 36 million on March 4, 2010, and KRW 36 million on March 4, 2010, respectively, was commenced on June 20, 2013 as to the instant apartment upon the Plaintiff’s application.

(J) Goyang District Court D. C.

(1) On June 27, 2013, the Plaintiff is a limited liability company specializing in the transfer of credit for the second loan and the repayment of credit for the second loan (hereinafter referred to as “acquisition company”).

(2) Around June 28, 2013, the Defendant notified the Defendant of the assignment of the claim for the second loan. (2) On December 13, 2013, the Defendant repaid KRW 207,415,812 to the acquiring company.

On the same day, the acquiring company withdrawn the application for voluntary auction on the apartment of this case, and cancelled all the registration of establishment of the three neighboring mortgages on the apartment of this case.

3. On the other hand, on August 13, 2013, the Plaintiff KRW 54,015,187, which is the amount of the first loan at that time.

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