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(영문) 대전지방법원 2017.07.12 2016가단24779

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On May 22, 2006, the Plaintiff lent KRW 118 million to the Defendant at interest rate of 20% per annum, and on the same day, the Plaintiff obtained from the Defendant a registration of establishment of a mortgage over the maximum debt amount of KRW 153,40,000 for public land owned by the Defendant with respect to KRW 3640,00 per annum.

B. The Plaintiff received dividends of KRW 127,547,289 on April 22, 2008 in the case of a voluntary auction of D real estate located in Daejeon District Court, which was filed by the Plaintiff based on the foregoing right to collateral security.

By April 21, 2008, the above loan interest rate is 45,260,273. The dividend is appropriated first for repayment of the above interest and the remainder is appropriated for repayment of the principal of the above loan. Thus, as of April 21, 2008, the principal remains 35,712,984 won as of April 21, 2008.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment as to KRW 35,712,984 and interest rate of KRW 34,049,639 to February 22, 2013, totaling KRW 69,639,639, and the remainder of KRW 35,712,984 as to KRW 35,712,984, which is calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. According to the statement in Gap evidence No. 1, it can be acknowledged that the plaintiff lent KRW 118 million to the defendant on May 22, 2006 at interest rate of 2% (two per annum) per annum.

Furthermore, there is no evidence to prove that the interest on the above loan reaches 20% per annum exceeding 2% per annum.

Therefore, as of April 22, 2008, the principal and interest of the Plaintiff’s loan claims against the Defendant is KRW 122,53,005 [The principal = KRW 4,533,05 [The interest of KRW 18,00,000 per annum = 100,000 x 2% per annum x (37/366 per year)].

However, as the plaintiff is the plaintiff, the plaintiff received dividends from the public auction case of D's D's public auction of the above real estate from the Daejeon District Court for the defendant's above real estate. Thus, the plaintiff's above loan claims against the defendant against the defendant are all distributed in accordance with the above dividends.