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(영문) 수원지방법원 2020.06.10 2019가합23353

대여금

Text

The defendant shall pay to the plaintiffs KRW 154,34,952 as well as KRW 86,66,66 among them from March 24, 2016 to the day of full payment.

Reasons

Facts of recognition

On June 1, 2012, the Plaintiffs: (a) leased KRW 260,00,000 to the Defendant at interest rate of KRW 2.5% per annum (30% per annum); and (b) on September 1, 2012, the due date for repayment (hereinafter “instant monetary loan agreement”); (c) the lessee for convenience was the husband of the Plaintiff C; and (d) the Defendant completed the registration of the establishment of a mortgage (hereinafter “instant collateral security”) with respect to the said loan amount as joint collateral for the F, G, H, and I land in Tae-gun-gun, Chungcheongnam-gun, the maximum debt amount of KRW 390,00,000 on June 4, 2012, the Defendant completed the registration of the establishment of a mortgage (hereinafter “instant collateral security”).

On September 16, 2014, E transferred the instant collateral security and the instant loan claims, which are the secured debt, to the Plaintiffs, and on September 24, 2014, the supplementary registration of the instant collateral security transfer was completed in the future of the Plaintiffs.

The Defendant did not repay the above borrowed money, and the Plaintiffs filed an application for voluntary auction on the basis of the instant right to collateral security, and on October 28, 2014, the Daejeon District Court rendered a decision to commence voluntary auction (JJ for Seosan Branch of the Daejeon District Court).

The Plaintiffs received dividends of KRW 94,290,225 (each of KRW 31,430,075) in the above auction procedure on March 23, 2016.

[Grounds for recognition] According to the facts without dispute, each entry of Gap evidence Nos. 1 through 4 (including the provisional number) and the facts of the above recognition as to the ground for a claim as to the whole purport of the pleadings, the interest accrued from June 1, 2012 to March 23, 2016 when the plaintiffs received partial payment of the principal of the loan amounting to KRW 260,00,000,000 from June 1, 2016, which was the date of lease, until March 23, 2016, shall be KRW 297,295,081 [=260,00,000] 】 0.3 】 (3 x (3 years from June 1, 2012 to May 31, 2015) x 36 days from June 1, 2015 to March 23, 2016]

From June 1, 2015 to May 31, 2016, the Plaintiff appears to be calculated as 366 days. This calculation is no less favorable to the Defendant. Therefore, the Plaintiff’s claim shall govern.

(i)is less than Won, but not more than Won, hereinafter the same shall apply).

On March 23, 2016, the sum of dividends paid to the Plaintiffs is KRW 94,290,225.