logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.09.05 2017가단872
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,652,745 and the interest rate of KRW 15% per annum from January 24, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C around June 2005 lent KRW 30 million to the Defendant.

On July 1, 2005, the Plaintiff completed the registration of the establishment of the right to collateral security (hereinafter “mortgage security”) with respect to the Plaintiff’s debt of KRW 30 million with respect to the Defendant’s loan (hereinafter “the instant primary loan obligation”) with respect to the land for D religion, Gyeonggi-do, Gyeonggi-do, which was owned by the Plaintiff (hereinafter “instant real estate”) with a maximum debt amount of KRW 30 million,000,000,000,000 against Defendant C, the obligor, the Plaintiff, and the mortgagee of the right to collateral security (hereinafter “mortgage”).

B. On June 17, 2005, the Plaintiff completed the registration of establishment of a mortgage on the instant real property, including the maximum debt amount of KRW 26 million, the debtor, the plaintiff, and the mortgagee E.

C. On January 2006, the Defendant repaid C the above 30 million won loan obligation. D.

Around February 2006, the Defendant borrowed KRW 100 million from C, and the Plaintiff jointly and severally guaranteed the Defendant’s obligation of KRW 30 million out of the Defendant’s obligation of KRW 100 million to C (hereinafter “the instant secondary loan obligation”). In this regard, C issued a promissory note with KRW 30 million at face value and issue date as of February 6, 2006.

E. Meanwhile, on January 25, 2008, the Plaintiff completed the registration of transfer of ownership under the name of the Korea War Veterans Association Maintenance Foundation, a foundation based on a donation from January 21, 2008.

F. C along with E, filed a loan claim lawsuit with the Seoul Central District Court No. 2010da115209 against the Plaintiff seeking joint and several surety 30 million won and delayed payment damages.

(E) In the above lawsuit, the Plaintiff filed a claim against the Plaintiff for a loan of KRW 10 million and delay damages therefor. On October 26, 2010, while the lawsuit is pending, the Plaintiff paid KRW 15 million to E by December 31, 2010, respectively, and if the payment is not made by the payment date, the amount unpaid shall be calculated by the ratio of KRW 1.5% per month from the day following the date of payment to the date of full payment.

arrow