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(영문) 수원지방법원여주지원 2016.11.29 2016가단5940

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 27, 2002, the Plaintiff lent 340,000,000 won to the Defendant at an annual interest rate of 6.8%, 17% per annum, and the maturity of reimbursement on September 27, 2005. On the same day, the Plaintiff completed the joint establishment registration of a mortgage with respect to each building set forth in B Nos. 301 and 401 in Ansan-si, the Defendant, and the Plaintiff as the mortgagee.

B. Upon the Plaintiff’s application, the procedures for the auction of the said real estate (hereinafter “instant auction procedures”) were in progress with respect to each of the said real estate as Suwon District Court, and the said court, on May 24, 2011, prepared a distribution schedule with the content of allocating KRW 760,304,443 to the Plaintiff, who is the applicant creditor, on the date of distribution.

The said distribution schedule became final and conclusive without objection, and the Plaintiff received dividends.

C. The Plaintiff did not take measures to interrupt extinctive prescription with respect to the Defendant’s claim after the instant auction procedure was completed on May 24, 2011.

As of June 3, 2016, with respect to the lease stated in the provisional claim against the Defendant as of June 3, 2016, the Plaintiff has a claim of KRW 340,00,00 for the leased principal, KRW 459,073,989 for attempted interest, KRW 263,73,950 for delay damages, and KRW 7,385,465 for the instant auction procedure costs.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 8-1 and 2, the purport of the whole pleadings

2. According to the judgment on the Plaintiff’s cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 16.6% per annum from June 3, 2016 to the following day after the delivery of a duplicate of the complaint of this case from June 3, 2016 to the day of the delivery of a copy of the complaint of this case.

3. The defendant's defense of extinctive prescription is proved to have expired by the prescription of the plaintiff's above claim.

The creditor participates in the auction procedure, and the distribution schedule becomes final and conclusive.