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(영문) 서울중앙지방법원 2020.07.14 2019가단5087975
양수금(일부금)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 95,00,000 and 15% per annum from March 1, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. The instant loan and the instant collateral security 1) E Co., Ltd. (hereinafter “E bank”).

Defendant B Co., Ltd. (hereinafter “Defendant Company”) on May 4, 2010

(B) A credit transaction agreement was concluded with a credit limit of KRW 100,000,000, and with a maturity of May 4, 2011 at the rate of 17% per annum (hereinafter “instant loan”).

(2) Defendant C and D entered into a joint and several guarantee agreement with the E Bank on May 4, 2010 and the Defendant Company’s obligation of the instant loan amounting to KRW 120,000,000 with respect to each other’s guarantee limit.

3) In order to secure the above loan obligations to the E Bank on May 4, 2010, Defendant D asserts that the defendants cannot recognize the identity of the above loan obligations and the secured loan obligations of this case. However, in full view of the contents of the guaranteed obligation, maturity, amount of loan, date of concluding a mortgage contract, details of dividends, etc. known by each of the statements in the evidence Nos. 2-2, 9 through 13, Defendant D’s above assertion is rejected. The defendants’ above assertion is not accepted. Gangnam-gu Seoul F apartment G (hereinafter “the apartment of this case”).

As to the maximum debt amount, KRW 240,000,000 and the registration of the establishment of a mortgage near the Defendant’s company was completed (hereinafter “instant mortgage”).

B. B. B. The instant auction procedure and the first assignment of claim 1) the instant apartment was issued on March 16, 2012, with respect to which the decision to commence compulsory auction was rendered.

(Seoul Central District Court H. E Bank submitted a report on rights and a written demand for distribution on April 18, 2012, and filed an application for voluntary auction on May 25, 2012 on the instant collateral security, and received a decision to commence auction on May 29, 201.

2) On August 30, 2012, the E Bank is a J-limited company (hereinafter referred to as “small and Medium Company”) (hereinafter referred to as “Small & Medium Company”).

3) The Defendant Company transferred its loan claims against the Defendant Company (hereinafter “first assignment of claims”).

The E Bank shall be the defendant, September 3, 2012.

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