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(영문) 대전지방법원홍성지원 2016.04.20 2015가단2126
손해배상(기)
Text

1. Defendants B and C shall jointly and severally serve as the Plaintiff KRW 43,254,160 and as to KRW 38,762,082 among them, from May 20, 2014.

Reasons

1. Basic facts

A. On February 9, 2012, the Plaintiff, a credit service provider, entering into a loan agreement for consumption and a joint and several surety agreement, leased KRW 60 million to Defendant C at the maturity of payment on April 9, 2012 and at the rate of 3.3% per interest month (hereinafter “instant loan agreement”), and Defendant B jointly and severally guaranteed Defendant C’s above loan obligation.

On July 12, 2013, the Plaintiff leased KRW 40 million to Defendant C on October 12, 2013 and at 3.2% of the interest accrued therefrom (hereinafter “instant Second Loan Agreement”); and Defendant B jointly and severally guaranteed Defendant C’s above loan obligation.

B. The assignment of claims and the registration of partial transfer of a right to collateral security (hereinafter “instant real estate”) completed the registration of establishment of a collateral security with regard to each of the real estate listed in the separate real estate list (hereinafter “instant real estate”) by the Daejeon District Court Budget Office No. 18668, Aug. 31, 2009, as to the maximum debt amount of KRW 150 million, the obligor E, and the mortgagee D.

(2) In order to secure the principal and interest of a loan for consumption under the loan agreement of this case and the loan under the loan agreement of this case, Defendant B and C agreed to transfer to the Plaintiff the amount of 80 million won out of the secured debt of the loan of this case (hereinafter “mortgage of this case”) before concluding the loan for consumption of this case.

Accordingly, around July 9, 2013, Defendant D transferred the instant bonds to the Plaintiff, and notified the transfer of the said bonds to E on July 11, 2013.

In addition, on July 9, 2013, Defendant D completed the registration of partial transfer of the right to collateral security on the ground that the partial transfer of the right to collateral security in the instant case was made on July 9, 2013 by the Daejeon District Court Budget Office No. 14636, Jul. 9, 2013.

(hereinafter referred to as “the partial transfer registration of this case”).

The first lawsuit seeking cancellation of the right to collateral security E should be cancelled as the registration of invalidity of cause because the right to collateral security of this case does not exist.

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