beta
(영문) 창원지방법원 2018.04.12 2017가합1271

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 238,307,282 and the interest rate of KRW 15% per annum from February 10, 2018 to the date of full payment.

Reasons

1. Indication of claim;

A. On November 15, 2002, the Plaintiff lent KRW 500,000,000 to the Defendant along with C on November 15, 2002, and the Defendant, for the purpose of securing the above claim, completed the registration of establishment of a neighboring mortgage in the name of the Plaintiff and C with the maximum debt amount of KRW 500,00,000 on the size of 707 square meters prior to Kimhae-si as a collateral

B. On several occasions, the Plaintiff urged the Defendant to pay the above money, and the Defendant applied for a voluntary auction on the said land that he/she would not pay the said money (Seoul District Court E), and on April 17, 2017, the distribution schedule was prepared that the Plaintiff received KRW 261,692,718 from the above auction procedure.

C. Therefore, the defendant is liable to pay the remaining loan 238,307,282 won and damages for delay to the plaintiff.

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.