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(영문) 서울남부지방법원 2017.09.21 2016가합112427
양수금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 979,692,503 and the amount of KRW 416,543,323 from November 12, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On October 18, 201, the Defendant entered into a loan transaction agreement with the Korea Saemaul Bank on the loan limit of KRW 710 million, the loan period of KRW 10 million, October 18, 2016, the interest rate fluctuation rate (base interest rate of 1%) and 18% per annum (hereinafter “instant loan transaction agreement”). On December 19, 201, the Defendant entered into an agreement on the change of the loan conditions with the effect that the loan limit of KRW 910 million increases the loan limit of KRW 910 million, again on November 19, 2012, and received a loan of KRW 1170 million from the Korea Saemaul Bank in total in accordance with the loan transaction agreement and each credit change agreement.

B. At the time of the conclusion of the loan transaction agreement of this case, the defendant is the land B owned by the defendant as security against the above loan obligation to the Korea Saemaul Bank of Korea (hereinafter "the land of this case").

A) As to the maximum debt amount of KRW 1.560 million, the right to collateral security and superficies are established. On the other hand, upon completion of an officetel building being constructed on the ground of the said land, each unit of the said building (hereinafter “instant building”).

(2) On February 22, 2012, due to the entrustment of the registration of provisional seizure based on the decision of provisional seizure No. 2012Kahap59 against the instant building, the registration of provisional seizure in the name of the Defendant was completed on February 22, 2012. On March 2, 2012, the registration of provisional seizure in the name of the Defendant was completed on March 2, 2012, the registration of provisional seizure in the name of the mortgagee C and D, and the maximum debt amount of KRW 90 million was completed on March 26, 2012, and on March 26, 2012, the registration of provisional seizure in the name of the Republic of Korea Saemaul Depository of Korea, the maximum debt amount of KRW 1.56 billion was completed on March 26, 2012.

3. Since then, the land and buildings in this case shall be sold to the Korea Saemaul Depository in accordance with the procedure for the auction of real estate E in the Cheongju District Court at the request of D.

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