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(영문) 수원지방법원안양지원 2016.09.28 2016가단102656

대여금

Text

1. The Defendant’s KRW 52,01,361 as well as the Plaintiff’s KRW 6% per annum from November 19, 2014 to April 19, 2016.

Reasons

1. Basic facts

A. On September 26, 201, the Plaintiff leased KRW 200 million to the Defendant at 0.5% of the interest rate (payment on September 25, 201) and on September 25, 2012. To secure this, the Plaintiff completed the registration of the establishment of a mortgage over the land and building on Pyeongtaek-si C and building owned by the Defendant, the maximum debt amount of which is KRW 26 million, the obligor, the Defendant, and the Plaintiff as a mortgagee.

B. The Defendant paid only interest until February 25, 2012 to the Plaintiff and did not pay interest. On November 18, 2014, the Plaintiff received 180,766,639 won in the voluntary auction procedure for the said real estate and appropriated it for the repayment of the said loan claim.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, 52,01,43 won remain if the Plaintiff paid 180,766,639 won dividends to the Plaintiff [the original Defendant did not have any assertion as to the fact that there was an agreement on appropriation, or the Defendant did so, 180,76,639 of the Civil Act shall be appropriated for performance in accordance with Article 479 of the Civil Act. The dividend of 180,76,639 won shall be from February 26, 2012 to November 18, 2014, 32,778,000,000 won x 6% of the annual repayment x 97,997/3650, 197, 186, 208, 2081.45% of the balance of the loans to the Plaintiff at the rate of 140,500 won per annum, 2005 won per annum, 1407.5% of the loans

(b).