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(영문) 서울중앙지방법원 2017.08.09 2017가단48971

대여금

Text

1. The defendant shall pay to the plaintiff KRW 2,647,09,334 and KRW 2,454,00,000 among them, from January 12, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 5 as to the cause of the claim, the Plaintiff extended loans to the Defendant three times under the pretext of a loan-based general loan for the subject of loan, ② the Defendant lost the benefit due to overdue interest, and the Defendant’s obligation to pay the principal, interest, and aggregate amount as of January 11, 2017 can be acknowledged.

On July 16, 2015, each of the loan dates (date of repayment) 2,626,00,000 1,356,00,000 118,623,623,191 2,500,000,000 118,623,474,623,623, 191250,000,00035,78,788,019330,00,000,000, 300,000,000,000,2179, 200,219330,00,000,000,00217,179,4039,1739,404,308,1308,1308,194,639,639,6130,64,094,

2. The defendant's assertion is based on the loan claim of this case, and the auction procedure of real estate is being conducted in order for the High Court of Jung-gu to the High Court, and the period during which the remaining claim should be confirmed shall be deemed to have arrived after the completion of the auction procedure. Thus, the plaintiff's claim is unreasonable.

As long as the auction procedure of real estate was commenced after July 15, 2016 after the expiration of the credit period of the loan claim of this case, the due date has already arrived.

Therefore, the defendant's assertion is without merit, since it cannot be a legal basis to block the plaintiff's claim merely because the auction procedure of real estate rent applied by the plaintiff is in progress.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.