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(영문) 수원지방법원 2016.04.20 2015가단9338

가액배상

Text

1. It was concluded on September 2, 2013 with respect to the shares of 1/2 in the name B among the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. B, on April 19, 2012, upon filing an application for an Internet loan with the Plaintiff, entered into a loan agreement with the Plaintiff providing the loan amounting to KRW 5 million with the loan principal at the rate of 34.8% from April 19, 2012 to May 12, 2015, interest rate of 34.8% from April 19, 2012, interest rate of delay delay rate of 39%, and repayment method: principal and interest equal

B. According to the Plaintiff’s credit transaction’s basic terms and conditions applicable to the above loan contract, when the interest, etc. was delayed for one month from the time when payment was to be made, or when the payment of the principal and interest on installment was delayed on more than two consecutive occasions, the payment shall be forfeited.

C. B did not pay the principal and interest of the loan, thereby losing the benefit of July 12, 2013, and on February 16, 2015, the interest and interest of the unclaimed loan as of February 16, 2015 are KRW 6,374,640.

B and the Defendant shared 1/2 shares of each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”). However, B concluded a donation contract with the Defendant on September 2, 2013 with respect to 1/2 shares of the instant real estate, which is its sole property, and completed the registration of ownership transfer on September 3, 2013 due to the instant donation contract.

E. At the time of the instant donation contract, the registration of the establishment of the instant real estate was completed with the Korea Housing Finance Corporation and the maximum debt amount of KRW 35,30,000,000,000,000,000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000

The current market value of 1/2 shares among the instant real estate is 78,500,000 won.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 6, fact-finding results on the Ministry of Land, Infrastructure and Transport, Korea Housing Finance Corporation, Korea Card Co., Ltd., Korea C&T Bank, Korea Bank, Korea Bank, and Korean National Bank, the purport of the whole pleadings.

2. The defendant's judgment on the main safety defense of this case has lost the benefit of time set forth in B.