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(영문) 서울중앙지방법원 2015.01.29 2013가합30306
판결금
Text

1. All claims for loans in the instant lawsuit shall be dismissed.

2. Defendant C is the Plaintiff’s KRW 211,050,000 and its importance.

Reasons

Basic Facts

From January 10, 200 to August 16, 2001, the Plaintiff, including the Plaintiff’s lending to the Defendants, lent a total of KRW 342 million to Defendant B at an annual interest rate of 24% or 36.5% per annum, as shown in the bond list as shown in attached Table 2. The lending principal as of March 15, 2002 is KRW 306,675,000, and the interest rate was overdue from October 3 through November 17, 2001.

From July 7, 200 to June 30, 201, as shown in the bond list in attached Table 3, the Plaintiff lent the total of KRW 342 million (the total amount of loans to Defendant C is KRW 185 million) to Defendant C and six other parties, the husband of Defendant B, at an annual interest rate of 24% or 36.5% per annum, and as of March 15, 2002, the above loan principal was KRW 253,335,000 (the loan principal to Defendant C is KRW 141,050,000). The interest interest was overdue from October 3, 2001 to October 31, 201.

From November 30, 1999 to April 30, 2001, the Plaintiff lent to Defendant C a total of KRW 70 million at an annual interest rate of 24%, as shown in the bond list in attached Table 4, on four occasions. The interest was overdue from October 31, 201 to November 5, 201.

On the other hand, in order to secure the above loan obligations and the joint and several debt obligations against the plaintiff of defendant B, each registration of creation of a mortgage on July 26, 200 with respect to each of the real estates listed in the separate sheet No. 1 (hereinafter referred to as "each of the real estates in this case") owned by the defendant B, including the maximum debt amount of July 26, 200, and the maximum debt amount of March 13, 2001, was completed.

(B) The Plaintiff’s loan lawsuit against the Defendants is based on the registration of establishment of each of the instant collective security rights (hereinafter “the instant collective security rights”). The Plaintiff’s loan lawsuit against the Defendants (Seoul District Court 2002Gahap25728) and filed a lawsuit against the Defendants (Seoul District Court 2002Gahap25728) to the Plaintiff on April 11, 2003, and as regards KRW 306,675,000 from November 17, 2001, KRW 253,35,000 from October 31, 2001 to the date of full payment.

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