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(영문) 서울남부지방법원 2018.08.24 2018가합61

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 314,474,626 and the interest rate of KRW 34.8% per annum from December 31, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On September 16, 2015, the Plaintiff registered as a credit service provider: (a) leased KRW 350 million to the Defendant at an interest rate of KRW 2.5% per annum; (b) 2.9% per annum; and (c) maturity on March 16, 2016 (hereinafter “instant loan”); (d) on the same day, the Plaintiff completed the registration of the establishment of a joint collateral security interest for the Defendant (hereinafter “instant collateral security interest”) with respect to the Plaintiff, the maximum debt amount, KRW 525 million per annum, E, etc. owned by the Defendant as security for the instant loan claims.

B. The Defendant paid interest and delay damages to the Plaintiff up to July 2016.

C. On April 17, 2017, the Plaintiff filed an application for voluntary auction based on the instant right to collateral security, and on April 18, 2017, the Jung-gu District Court voluntarily rendered a decision to commence auction as F on April 18, 2017.

(hereinafter “instant auction procedure”). D.

On March 12, 2018, the District Court prepared a distribution schedule with the content of distributing KRW 208,075,374 to the Plaintiff at the instant auction procedure. As the said distribution schedule became final and conclusive, the Plaintiff was paid dividends in KRW 208,075,374 around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 through 7, Eul evidence Nos. 3 through 5, the purport of the whole pleadings

2. Determination

A. According to the facts established prior to the determination as to the cause of the claim, the principal of the instant loan as of March 12, 2018, based on the date of distribution, KRW 551,887,671 [the principal = KRW 201,887,671 [the principal = KRW 201,887,671 [the amount of delay delay damages of KRW 350,00,000 + KRW 350,000 + 605 days 】 605 days 】 34.8%, and 34.8% below,” and the same applies hereinafter

(2) The loan of this case, which remains as of March 12, 2018, is 343,812,297,297 won (=350,000,000 won -6,187,703 won) since dividends are appropriated first for 201,887,671 won pursuant to Articles 479 and 477 of the Civil Act, and the remainder of 6,187,703 won (=209,07,371 won - 201,887,671 won). Thus, the principal of the loan of this case, which remains as of March 12, 2018, is 343,812,297 won (=350,000,000 won).

However, even according to the method calculated by the plaintiff, the defendant is not favorable to the defendant.