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(영문) 서울남부지방법원 2020.07.09 2019가단255588

대여금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 55,882,745 as well as KRW 54,647,561 as from August 26, 2019.

Reasons

1. Facts of recognition;

A. On July 26, 2017, the Plaintiff: (a) decided on December 31, 2017 at the maturity of KRW 90 million and on December 31, 2017, at the rate of KRW 2.5% per month (pre-payment on December 27, 2017) (hereinafter “instant loan”); and (b) drafted a loan certificate stating the loan amount of KRW 120 million (on the same day, KRW 90 million) as the loan amount (hereinafter “the instant loan certificate”).

B. On July 27, 2017, Defendant B completed the registration of the establishment of a neighboring mortgage of KRW 120 million with respect to the Plaintiff’s housing of KRW 118.3 square meters in Jung-gu, Incheon, Jung-gu and its ground mentbrob block (hereinafter “instant real estate”).

C. Defendant C jointly and severally guaranteed Defendant B’s loan obligation of KRW 120 million to the Plaintiff, and signed and sealed the instant loan certificate as a joint and several surety.

On July 27, 2017, the Plaintiff wired Defendant B of KRW 90 million after deducting KRW 2.25 million as a prior interest (i.e., KRW 90 million - KRW 2250,000) from KRW 87.75 million.

E. Defendant B paid the Plaintiff KRW 250,000,000 on September 26, 2017, and KRW 2250,000 on October 26, 2017, respectively, for the interest of the instant loan.

F. On December 10, 2018, the Plaintiff was a person who received KRW 7 million as interest for the instant loan from Defendant B.

G. On July 23, 2019, the Plaintiff received dividends of KRW 67,974,205 from the auction procedure (In Incheon District Court E) regarding the instant real estate.

(70,905,494 won paid by the plaintiff from the auction court shall be the sum of KRW 67,974,205 of the above dividends, KRW 2,808,826 of the enforcement expenses, and KRW 122,463 of the principal and interest of the custody amount). / [Grounds for recognition] The non-contentious facts, Gap evidence Nos. 1, 6, 7, Eul evidence Nos. 1, 2, and 463 of the above dividends, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. First, we examine the agreement on the interest set forth in the instant loan certificate.

Article 2 of the former Interest Limitation Act, which was enforced on July 26, 2017, the date of drawing up the instant loan certificate.