대여금반환 청구의 소
1. The Plaintiff:
A. Defendant B shall pay 17,00,000 won among them, 187,000,000 won to Defendant B with full payment from June 14, 2009.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be recognized by taking into account each entry in Gap evidence Nos. 1 through 5 (including paper numbers) and the whole purport of the pleadings, or the plaintiff is the person.
On February 21, 2007, the Plaintiff loaned KRW 90,000,00 to Defendant B for the repayment period of KRW 90,000 on February 21, 2008 and monthly interest of KRW 3%.
Defendant C jointly and severally guaranteed the Defendant B’s above loan debt, and completed the registration of the establishment of a mortgage on the basis of the maximum debt amount of KRW 208,000,000 as the Head of Daegu District Court No. 12463, Feb. 22, 2007, which was received on February 22, 2007, with respect to the amount of KRW 11504,000,
(hereinafter “instant collateral security”). B.
On February 20, 2008, the Plaintiff loaned KRW 10,000,000 to Defendant B on March 19, 2008, with the due date set as March 19, 2008. On September 16, 2010, the Plaintiff loaned KRW 20,000,000 to Defendant B on October 5, 2010.
C. On January 15, 2014, the Plaintiff received reimbursement of KRW 3,000,000 from Defendant C of the loan as of February 21, 2007.
Meanwhile, the Plaintiff filed an application for voluntary auction based on the instant right to collateral security. On May 28, 2014, the Plaintiff received dividends of KRW 61,849,499 from the said auction procedure and appropriated all the interest accrued at the rate of 30% per annum as stipulated by the Interest Limitation Act within the limit of 30% per annum, which is the agreed rate until June 13, 2007, among the loans extended to Defendant B by February 21, 2007.
2. Determination as to the cause of action
A. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 87,000,000 in the balance of the borrowed money as of February 21, 2007 and damages for delay at the rate of 30% per annum as stipulated in the Interest Limitation Act within the limit of 30% per annum from June 14, 2009 to the date of full payment of interest thereon, which is the day following the date of the final payment of interest.
B. In addition, Defendant B shall repay the amount of KRW 10,00,000 as of February 20, 2008, and the following day following the due date for payment for the above amount of KRW 10,000,00,00 as of March 20, 208 to January 4, 2016, the delivery date of a copy of the complaint, which is 5% per annum under the Civil Act, and the next day.