beta
(영문) 서울북부지방법원 2016.11.17 2015가합22285

대여금

Text

1. Defendant B shall pay to the Plaintiff KRW 1,811,693,800 and KRW 1,200,000 among them, with full payment from February 11, 2011.

Reasons

1. Facts of recognition;

A. On October 11, 2010, the Plaintiff lent 1.2 billion won to Defendant B (former name before the opening of the name: F) at 2.5% per month with interest rate. Defendant B paid only KRW 5 million out of the interest rate of January 201 with respect to the above loan, and the said loan and interest are not repaid.

B. (1) On August 30, 2001, Han Bank Co., Ltd. (hereinafter “I Bank”) provided loans to Defendant B by setting the amount of KRW 50 million on August 30, 2001 and KRW 1.2 billion on January 6, 2006 as interest rate of KRW 19% per annum. On January 6, 2006, Han Bank completed the registration of the establishment of a neighboring mortgage of KRW 1.66/1,071 out of the amount of KRW 866/1,00 of the maximum debt amount of KRW 1.69 billion (hereinafter “instant land”).

(2) On July 6, 2011, when Defendant B did not repay the above loan, Han Bank filed an application for voluntary auction on the share of 866/1,071 out of the instant land.

(3) The Mez comprehensive financial securities company (hereinafter “Mez comprehensive financial securities”) was transferred from one bank the above loan claims and collateral security against Defendant B. On August 21, 2014, the Plaintiff received dividends of KRW 1,579,222,210 out of the total amount of the loan principal and interest of KRW 2,165,916,010 in the distribution procedure following the above voluntary auction application.

(4) Afterwards, Mz comprehensive financial securities transferred to the Plaintiff the remainder of 586,693,800 won (=2,165,916,010 won - 1,579,222,210 won) out of the above loan claims against Defendant B and damages for delay of 19% per annum. On October 6, 2014, Defendant B notified the Plaintiff of the fact of transfer.

C. (1) On January 10, 2003, E purchased the instant part of the land, which was contaminated by the G having the owner of the land prior to subdivision, on the part of 205 square meters (hereinafter “the land prior to subdivision”). However, on the part of the land prior to subdivision, E purchased the part of the instant land from G having the owner of the land prior to subdivision. However, on the part of convenience, it is the percentage of the area of the instant land (205 square meters) out of the total area (1071 square meters).