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(영문) 대전지방법원 2017.04.26 2016가단13694

대여금

Text

1. The Defendant’s KRW 461,520,630 among the Plaintiff and KRW 350 million among the Plaintiff, from December 29, 2013 to November 1, 2014.

Reasons

1. Determination on the cause of the claim

A. On January 10, 2006, the Plaintiff: (a) lent 300 million won to the Defendant at an annual interest rate of 6%; (b) overdue interest rate of 18.5%; and (c) due date of repayment of 10 January 10, 2015 (hereinafter “instant loan”); (c) around that time, the Plaintiff was granted a right to collateral security in relation to the Chungcheong-gun B owned by the Defendant. The Defendant was granted an additional loan from the Plaintiff by increasing the credit limit on January 10, 2012 to KRW 350 million; (b) the Plaintiff applied for an auction of the said real estate upon delinquency of interest, etc.; (c) the Plaintiff received a dividend of KRW 29,407,725 from the said auction procedure, and appropriated it for part of overdue interest.

3) The amount of the Plaintiff’s loan claim for the first loan to the Defendant remains at the rate of 6% per annum from December 29, 2013 to November 1, 2014, and at the rate of 18.5% per annum from November 2, 2014, which was the starting date for overdue interest, to the Defendant. (4) On February 10, 2012, the Plaintiff set a loan to the Defendant at the interest rate of 180 million won per annum 6.7% per annum, 18% per annum, overdue interest rate of 18%, and 10 million won due date of repayment on February 10, 2015 (hereinafter “second loan”). Around that time, the Plaintiff was set up a collateral security by the Defendant with respect to the Defendant Daejeon-gu, Daejeon District.

5) The Plaintiff filed an application for the auction on the real estate in arrears with interest, etc., and received a dividend of KRW 121,828,507 in the above auction procedure, and appropriated interest of KRW 31,954,407, interest of KRW 21,394,407, principal of KRW 68,479,370, and principal of KRW 68,479,370. 6) The amount of the instant second loan against the Defendant remains interest of KRW 111,520,630, and interest of KRW 18% per annum from October 2, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 6, the purport of whole pleadings

B. According to the above facts of determination, the Defendant: (a) KRW 461,520,630 in total, the principal of the instant loan claims for KRW 150 million (i.e., KRW 111,520,630 in total) and KRW 350,000 in total, the first loan claims for KRW 350,000 in total; and (b) from December 29, 2013 to November 1, 2014.