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(영문) 서울중앙지방법원 2018.01.17 2017가단5156303

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 42,763,178,370 and KRW 39,432,075,192, among which they shall be repaid to the Plaintiff from May 18, 2017.

Reasons

1. The allegations and judgment of the parties

(a) The reasons for the attachment of the claim(However, ‘creditor' is considered as ‘Plaintiff', ‘debtor' as ‘Defendant', and ‘Defendant' as ‘Defendant', and the payment order for Company B as the payment order for Company B was finalized) and the changed reasons for the claim;

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

B. As to this, the Defendant asserts that the security was partially sold and used for the repayment of loan arrears, and that the remainder of the security is transferred to the Plaintiff Company through the liquidation procedure in accordance with the principle of security by means of transfer.

However, according to the aforementioned evidence, the Defendant’s assertion cannot be accepted on the ground that: (a) the sales price of the instant collateral disposed of as of November 2017 was appropriated to the principal and interest of the loan; and (b) the remainder of the principal and interest of KRW 42,763,178,370 remains even if it was applied to the principal and interest of the loan.

2. According to the conclusion, the Defendant is obligated to pay the Plaintiff the money stated in the Disposition No. 1.