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서울중앙지방법원 2017.02.03 2016가단11675

대여금

Text

1. The Defendant shall pay to the Plaintiff 99,367,872 won and the interest rate of 15% per annum from March 9, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 6, 2004, the Plaintiff loaned 2 billion won interest to the Defendant at 10% per annum and on February 6, 2005.

On February 9, 2004, the Plaintiff set up a right to collateral security under the name of the Plaintiff with respect to the land outside Yong-si and the land outside the limit of 2.8 billion won, which is jointly owned by the Defendant and B as collateral for the above loan, and the land outside the limit of 1/2.8 billion won.

B. After that, the Plaintiff had extended the repayment period of the above loan by one year. The Defendant repaid the principal amount of KRW 480 million on June 8, 2006, the principal amount of KRW 520 million on February 26, 2008, the principal amount of KRW 520 million on September 6, 2010, and the principal amount of KRW 500 million on September 6, 2010.

C. On February 9, 2011, the Plaintiff entered into a transaction agreement with the Defendant on the terms of lending KRW 500 million at 11% per annum and 23% per annum for delay (hereinafter “instant agreement”). The instant agreement was the same.

Of the loans under subsection (d), there was no separate fund in exchange for the repayment to extend the due date for the remaining principal amount of KRW 500 million after repayment.

From August 2012, the Defendant delayed the payment of principal and interest under the instant agreement from around August 2012, and lost the benefit of time on August 10, 2012.

E. On August 22, 2012, the Plaintiff filed an application for commencing an auction with respect to the Defendant’s share of the said D land based on the foregoing right to collateral security, and received a decision to commence an auction with Suwon District Court E.

In the above auction procedure, the Plaintiff received dividends of KRW 502,953,245 on May 31, 2013.

F. As of May 31, 2013, the Plaintiff’s claim under the instant agreement was the principal of KRW 500 million, interest and delay damages KRW 102,060,905 (it refers to the sum of the interest accrued from June 9, 2012 to August 9, 2012 and the delay damages incurred from July 9, 2012 to May 31, 2013).

The plaintiff shall first appropriate the dividends to all the principal and interest, and the remaining interest accrued after appropriating part of the interest and damages for delay shall be KRW 9,620,580.

After that, the Plaintiff received a refund of the service charge, the storage charge, etc., and appropriated it to the interest amount, and interest and interest as of May 14, 2014.