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(영문) 대전지방법원 2016.06.09 2015가단45465

대여금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 94,188,635 and KRW 50,000,000 among the above amounts.

Reasons

1. Basic facts

A. On April 3, 2010, the Plaintiff loaned KRW 50,000,00 to Defendant B at interest rate of KRW 36% per annum and on September 30, 2010, and entered the loan certificate (Evidence A2) in KRW 100,000.

B. Defendant C guaranteed Defendant C’s above loan obligations to the Plaintiff on the same day.

C. On April 5, 2010, the Plaintiff registered the creation of a mortgage over KRW 120,00,000 with respect to the land and building located in Geumsan-gun, Chungcheongnam-do (hereinafter “instant real estate”), which was owned by Defendant B, but the instant real estate was sold at will on June 21, 2013 upon receipt of a decision to voluntarily commence the auction from the Daejeon District Court on April 13, 2012.

However, the plaintiff did not receive any distribution in the auction procedure.

E. The Defendants paid KRW 5,00,000 to the Plaintiff on November 30, 201, and KRW 10,000,000 to the Plaintiff on May 30, 201, and KRW 5,00,000 to the Plaintiff on May 2012.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1, 2, Gap evidence 5-1, 5-2, Gap evidence 6-1, 2, Gap evidence 7, Eul evidence 1-1, 2, Eul evidence 1-2, and the purport of the whole pleadings

2. Determination:

A. The portion of the discharge performed by the Defendants is as follows if the Defendants are legally satisfied.

A total of interest calculation-based interest amount of KRW 24,877,049 [=50,000 + [1 year 241/366 days (= from April 3, 2010 to November 29, 201)] ¡¿ 30% per annum 24,877,049 won] ¡¿ 6,311,475 won [5,000 won + 50,000 won + 50,366 days [153/36 days + from November 30, 201 to April 30, 201] ¡¿ (26,147,540, 207, 209, 205, 207, 2005, 205, 207, 205, 207, 205, 205, 207, 2005, 207, 2015)];

10,000,000 won 10,068,493 [=50,000 won = 50,000,000 x [245 days/365 days (= from May 1, 2012 to December 31, 2012)] x 30% per annum 26,216,03 won (i.e., 26,147,540 won - 10,000,000 won - KRW 10,068,493 won which is disadvantageous to the Plaintiff for convenience around December 31, 2012).

5.