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(영문) 대구지방법원 2018.08.22 2018나304456

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 13, 2010, the Plaintiff obtained a loan of 1,131 square meters (hereinafter “instant real estate”) from the Defendant as collateral. As to the instant real estate, the Daegu District Court’s Gun Office of Gun Affairs (12349, Oct. 13, 2010, received the registration of creation of the right to collateral security (hereinafter “instant collateral security”) with respect to the right derived therefrom, as the maximum debt amount was 6,500,000 (hereinafter “instant collateral security”).

B. On October 15, 2010, the Plaintiff entered into a loan transaction agreement with the Defendant with the following terms (hereinafter “instant loan transaction agreement”) and was loaned KRW 5,00,000 from the Defendant on October 18, 201.

The date of commencement of loan: The interest rate on October 18, 2013: 8.5% per annum (change, base rate of 2.5%) interest rate: 17% per annum on the date of payment of principal and interest on installment repayment: The method of repayment and payment of interest: The 18% per annum on the 18th day of each month: The principal and interest shall be repaid in installments for 36 months, but the repayment shall be made by the defendant in the online passbook of the Plaintiff’s community credit cooperatives established in the name of the Plaintiff on the date of repayment by automatic transfer from the

C. The Plaintiff paid the agreed interest and interest on the installment repayment from November 18, 2010 to July 18, 201 by automatic transfer method. On August 18, 2011, the Plaintiff failed to pay the interest and interest on the installment repayment [i.e., 164,898 won (= interest and interest on 138,000 won)] due to the shortage of deposits.

Accordingly, around January 2012, the Defendant filed an application for commencement of voluntary auction to the Daegu District Court Branch C with respect to the instant real estate based on the instant right to collateral security, and received a decision to commence voluntary auction from the said court on January 18, 2012.

E. On March 28, 2012, the Plaintiff filed a lawsuit against the Defendant with the Daegu District Court seeking confirmation of the absence of overdue debts under the instant loan transaction agreement on the grounds that the Defendant delayed the receipt of the loan, etc., and on February 20, 2013, the Plaintiff was not liable to the Defendant for the delayed payment of the loan.