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(영문) 서울동부지방법원 2017.11.29 2016가합106511
전부금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C’s guarantee liability against the Defendant, etc. 1) The Defendant on January 7, 2009 (hereinafter “D”).

) On March 6, 2009, KRW 100,000 was determined and lent to D as of March 6, 2009, and KRW 94,000,000 calculated by deducting KRW 6,00,000 as interest prior to the due date, and C guaranteed D’s debt (hereinafter “instant loan”) or “the instant loan”).

2) On the same day, D and C prepared and issued to the Defendant a promissory note 130,000,000 in face value. (2) D and C did not repay the debt of the instant loan. On April 13, 2009, the Defendant received a compulsory decision to commence compulsory auction (Seoul Dong District Court F) on the instant apartment No. 1002 (hereinafter “instant apartment”) based on the said promissory note No. 1002 (hereinafter “instant apartment”).

On September 25, 2009, C repaid to the Defendant KRW 20,000,000, and on September 28, 2009, C created a right to collateral security for the apartment of this case, which is the maximum debt amount of KRW 130,00,000, in the future, and the Defendant withdrawn the above compulsory auction on September 28, 2009.

3) On February 28, 201, the procedure for compulsory auction (Seoul Eastern District Court G) was commenced on February 28, 2011 upon the application of the Korea Credit Guarantee Fund. In the distribution procedure, the Defendant received dividends of KRW 123,417,019 as a mortgagee on January 27, 2012. (B) The Defendant’s transfer, etc. of the store in this case from H to the instant apartment in Seoul Gangnam-gu KRW 100,000,000 for lease deposit amount of KRW 10,000,000 for rent of KRW 5,00,000 for rent and selling golf products. On August 17, 2010, the Defendant concluded the instant contract for the sales of the instant apartment in the said place (hereinafter “instant contract”).

2 The defendant decided to acquire the store of this case from C, and new H on November 11, 2010.

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