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(영문) 대구지방법원 2018.01.19 2016가단119608

대여금

Text

1. The Plaintiff:

A. Defendant A and C jointly and severally share KRW 49,713,803 and KRW 42,224,910 among them. From September 1, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan claim 1) Defendant A, on March 3, 2015, determined on March 3, 2016 as the expiry date of the Plaintiff’s loan from the Plaintiff and 6.8% per annum on March 3, 2016 (hereinafter “instant primary loan”). Defendant A borrowed KRW 50 million per annum (hereinafter “instant primary loan”).

(2) At the time of the loan transaction agreement, the rate of delay damages at the time of the above loan transaction agreement was 10% per annum; 11% per annum if the rate is more than 30 days but not more than 90 days; and 12% per annum if the rate is more than 90 days. Meanwhile, the Defendant A borrowed KRW 500 million from the Central Credit Union on the same day. Meanwhile, on February 27, 2015, the Defendant A entered the pertinent apartment (hereinafter “K non-real estate trust”), 12 loans (101, 103, 104, 201, 203, 301, 304, 304, 301, 304, 401, 403, 401, 400, 500, 104, 100, 500,000,000 won (hereinafter “the instant apartment”), with the issuance amount of the instant apartment mortgage trust as the Plaintiff and the amount of 1.

3) On May 8, 2015, the Plaintiff appropriated the sales price of the instant apartment as KRW 41,729,233 of the principal of the instant primary loan and KRW 512,328 of the interest on KRW 41,729,233 of the instant primary loan. 4) After that, Defendant A sold an apartment of KRW 10,00 (hereinafter “instant apartment bonds”) to Defendant C with the exception of the instant apartment units No. 102, 301. Defendant C recognized the status of the Plaintiff as the first priority beneficiary who was established on the apartment of KRW 10,000,000,000 issued the Plaintiff’s beneficial interest certificate.