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(영문) 울산지방법원 2014.03.14 2013가단35022

대여금

Text

1. The defendant shall pay to the plaintiff KRW 37,537,954 and KRW 170,018,884 among them, from November 23, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned 730,000,000 won (i.e., KRW 270,000,000) to the Defendant on two occasions as indicated in the following table (i.e., KRW 460,000,000). In order to secure the repayment of each loan, the Plaintiff registered the establishment of a neighboring mortgage in the name of the Plaintiff on each land indicated in the “Peremptory Amount of Claim” column as indicated in the table below.

On June 27, 2011, the maximum debt amount of the non-mortgaged mortgage (cost) interest rate of 1.5% on June 27, 201, 201, and 21% on the basis of the base rate of 270,000,000 on June 27, 2013, the amount of loan (cost) interest rate of 1.5% on June 27, 201, Nam-gu, Ulsan-gu, Ulsan-gu, No. 159§¯ 351,00,000 on August 1, 201, 201, the interest rate of 1.5% on August 460, 200, 200 on the basis of 1.5% on August 1, 2013, the amount of loan (price) of 300,000,000,0000

B. As the Defendant delayed repayment of principal and interest on each of the above loans, the Plaintiff applied for an auction procedure (Ulsan District Court D, E, F, G, H, I) against each of the collateral security objects stated in the above table. On November 22, 2013, the Plaintiff received KRW 173,138,677 for the subject matter No. 1 of the above table and KRW 386,842,439 for the subject matter No. 2 of the said table, respectively.

C. The amount of interest on each of the above loans accrued on the date of the above distribution is 60,692,820 won for the loans No. 1 50,692,820 won for the loans No. 2, and 106,826,250 for the loans No. 106,826,250 for the loans No. 2, and the amount of loans remaining on the basis of the above date of distribution is 170,018,884 won for the loans under Article 13 of the General Terms and Conditions for Credit Transactions by the Federation of Community Credit Cooperatives (=730,000,000 won - - 173,138,677 won - 386,842,439 won - interest 167,519,070 won (=60,692,820 won 106,826,250 won).

The Defendant asserted that there is no debt owed to the Plaintiff. On February 5, 2013, both J, K and L claimed against the Plaintiff for the confirmation of the existence of debt owed by the Ulsan District Court 2013Gahap962, but the said court dismissed the said judgment on February 6, 2014.