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(영문) 수원지방법원 2015.03.20 2014나37498
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 8, 2011, the Plaintiff entered into a credit transaction agreement with A on July 8, 201, setting the credit limit amount of KRW 3.324 million, the expiration date of the credit, at the rate of KRW 8% per annum, and at the rate of delay damages at 25% per annum, and made a loan of KRW 3.324 million to A (hereinafter “instant loan”). On July 8, 2011, the Defendant entered into a comprehensive collateral security agreement (hereinafter “instant comprehensive collateral security agreement”). On July 8, 2011, the Plaintiff determined the guarantee limit amount of KRW 4.32 billion with the Plaintiff as KRW 4.1.2 billion with the Plaintiff, and entered into a comprehensive collateral security agreement with respect to the loan obligations, etc. currently or future to the Plaintiff (hereinafter “instant comprehensive collateral security agreement”).

B. Of the principal and interest of this case, the Plaintiff did not pay the principal amount of KRW 3,235,392,200 and interest accrued after March 13, 2012. As to the collateral provided by A or the Defendant, the Plaintiff was paid dividends, etc. by undergoing the following procedures for voluntary auction of real estate:

As a result, the loan principal and interest of this case remaining on November 26, 2014 are 2,984,325,622 won in total, and the loan principal among them is 1,185,893,918 won in total.

On November 14, 2013, 2013, F loan No. 101, 648, 196, 058, H apartment 205, 202, 306, 315, 57, 830, 830, 819, 30, 15, 10, 15, 30, 15, 15, 200, 30, 15, 30, 15, 200, 30, 15, 200, 14, 200, 15, 300, 15, 200, 15, 300, 15, 205, 30, 15, 205, 14, 200, 30, 15,000, 14, 25,014

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim.

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