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(영문) 서울고등법원 2015.06.11 2014나52928

대여금

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in combination with the purpose of the whole pleadings in the testimony of Party F witness of Party F and Party F.

① On May 9, 2011, the Plaintiff’s loan period of KRW 1.3 billion to A Co., Ltd. (hereinafter “instant company”) from May 9, 201 to May 9, 2012: (a) the interest rate of KRW 8.5% per annum; and (b) the rate of KRW 8.5% per annum was changed when there are grounds such as a change of credit.

The loan (hereinafter “instant loan”) was extended by setting the amount of 7% at the time of arrears within 30 days, between 30 days and 90 days, and the amount of 9% at the time of exceeding 90 days (hereinafter “instant loan”).

② Defendant and B jointly and severally guaranteed the instant loans owed by the instant company with the guarantee limit of KRW 1.69 billion.

③ The instant company failed to timely repay the instant loan.

Accordingly, the Plaintiff filed an application for the disposition of collateral on the instant trust land D (hereinafter “instant trust land”) with the Plaintiff, etc. as the first priority beneficiary, which was trusted to the Korea Assets Trust Co., Ltd., and received reimbursement of KRW 1,280,268,556 in the sale procedure of the said land on April 10, 2013.

2. Judgment on the principal lawsuit

A. According to the facts found in the above "1. Basic Facts" as to the cause of the claim, the defendant was 354,488,123 won (the principal and interest of the loan of this case - KRW 1,634,756,679 - the repayment amount of KRW 1,280,268,556) out of the loan of this case and the damages rate of 17.96% per annum from April 10, 2013 to May 29, 2013, which is the date of delivery of a copy of the complaint of this case from April 2013 to May 29, 2013 (the amount shall be calculated by adding 0.46% to the base rate of 0.96%) from the following day to the date of full payment.