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(영문) 인천지방법원부천지원 2016.11.16 2016가단16629

기타(금전)

Text

1. The Defendant’s new agricultural cooperatives: KRW 74,797,675 and its therefrom from May 10, 2016 to July 13, 2016.

Reasons

1. Facts of recognition;

A. On October 20, 2011, the Defendant trusted the real estate owned by the Defendant (hereinafter “instant real estate”) to the Plaintiff, and received real estate mortgage loans in the name of the Plaintiff from the Magcheon Agricultural Cooperative (hereinafter “CF”) as follows.

At that time, the defendant agreed with the plaintiff to repay the principal and interest of the agricultural cooperative.

The loan amount: The loan amount of KRW 180,000: the date of loan and repayment on October 20, 201: The details of security on October 20, 2014: the maximum debt amount of the instant real estate on October 20, 201, and the establishment of a collateral security right with the Plaintiff as the Plaintiff on October 20, 201.

B. However, on August 13, 2012, the Defendant failed to repay the principal and interest of loan under the agreement, and the voluntary auction procedure regarding the instant real estate was initiated upon the application of the Nonghyup, and on April 8, 2013, the instant real estate was sold to a third party.

C. Despite the above sale, only a part of the principal and interest were repaid, and as of May 9, 2016, 74,797,675 won (= principal principal 31,226,321 KRW 43,571,354) remains.

The plaintiff is demanded to repay the principal and interest of the agricultural cooperative.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4-6, 11, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant received the Plaintiff’s obligation to repay the principal and interest of agricultural cooperatives. According to the evidence No. 74,797,675 won as the Plaintiff’s claim, the Defendant increased to KRW 76,690,878 won as of September 26, 2016 (i.e., principal and interest of KRW 31,226,321 (i.e., principal and interest of KRW 28,903,990 overdue interest of KRW 16,560,567).

However, since the Plaintiff did not modify the purport and cause of the claim by reflecting these circumstances, only the amount claimed in the application for modification of the purport and cause of the claim as of June 28, 2016 is recognized.

The basic date for calculating the principal and interest of loans.