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(영문) 인천지방법원 2016.12.21 2016가단236550

대여금

Text

1. The Defendant’s interest rate of KRW 568,673,456 and KRW 456,00 among the Plaintiff shall be from August 17, 2016 to the date of full payment.

Reasons

1. There is no dispute between the parties with regard to the facts as stated in the attached Form of the judgment on the cause of the claim. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 16.39% per annum, which is the agreement, from August 17, 2016 to the date of full payment, with respect to the principal and interest of KRW 56,00,000 among the final interest and the principal of KRW 456,00,00,000.

2. The defendant's argument on the defendant's assertion that since the plaintiff set up a right to collateral security on the plaintiff's land B, C, and building owned by the defendant, and the amount claimed by the plaintiff would have decreased if the plaintiff obtained satisfaction of the claim through the execution of the above right to collateral security, the plaintiff cannot respond to

On the other hand, the right to collateral security can only be repaid within the scope of the maximum debt amount after realization of only the object established, and it does not themselves become an executive title. If the proceeds from the sale of an object fall short of the secured debt or the maximum debt amount falls short of the secured debt amount, it cannot be deemed that there is no profit in the lawsuit because there is a practical necessity to obtain the satisfaction of the claim exceeding the maximum debt amount among the proceeds from the sale of property other than the object or the proceeds from the sale of the object, which is not the object,

3. According to the conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.