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(영문) 서울중앙지방법원 2018.02.14 2017가단5032087
대여금
Text

1. Defendant B and C shall jointly and severally serve as the Plaintiff KRW 187,043,561 and KRW 179,875,000 among them.

Reasons

1. Basic facts

A. On December 5, 2011, Defendant B completed the registration of the establishment of a mortgage on the second priority priority of Defendant D, E, and the maximum debt amount of Defendant B, the mortgagee, and the maximum debt amount of Defendant D, E, and the building on the land and the building on the land owned by Defendant D and E (hereinafter “each of the instant real estate”).

B. On June 28, 2013, H, represented by the network G, acquired the above secured claims and the secured claims thereof from Defendant D and E (hereinafter “instant claim”). Accordingly, the registration of transfer of the instant claims and the instant secured claims was completed with respect to each of the instant real estate as the Suwon District Court’s Suwon District Court’s registration office on July 1, 2013, and with respect to the grounds for registration, the registration was completed on June 28, 2013, with respect to the instant real estate as the supplementary registration of transfer of the right to collateral and the right to collateral security (hereinafter “instant claim”).

C. Meanwhile, Article 6 of the instant contract provides, “The termination of the contract,” under the title of “the third party obligor and creditor asserted the existence of the obligation in the distribution procedure due to the auction of the real estate in the instant claim, and the judgment against the assignee of the claim in the application for objection to distribution or the lawsuit of demurrer to distribution, which is the lawsuit of demurrer to distribution on the merits, became final and conclusive, and the said judgment becomes final and conclusive, the transferor shall pay the principal and interest arising from the transferred claim to the assignee when there is any unexpected defect in the security right due to the failure to notify

The net G transferred KRW 100,000,000 to Defendant B on July 1, 2013, when the supplementary registration of the transfer of the above right to collateral security was completed.

E. Defendant B borrowed KRW 200,00,000 as of July 3, 2013 with the interest rate of KRW 2.5% per month and as of January 2, 2014, and with the maturity of payment as of January 2, 2014. However, each of the instant real estate and each of the instant real estate and the building first floor No. 101, respectively, and the building No. 35 (hereinafter “I building No. 1”).

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