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(영문) 창원지방법원마산지원 2017.05.11 2017가단936

이자금

Text

1. The Defendants jointly and severally pay KRW 35,003,113 to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a three-time loan agreement with Defendant A as follows, loaned the amount stated in the column of each loan, and completed the registration of establishment of a neighboring real estate owned by Defendant A in order to secure the obligation of the loan.

Defendant B guaranteed each of the following loans owed by Defendant A.

The additional interest rate of June 150,000,000,000 June 7, 2010 on June 7, 2015, which was the date when the loan was commenced on the date when the loan was terminated, plus 14.9% (14.9% on June 24, 2010, which was June 17, 2015, and the additional interest rate of 10.5% on November 24, 2015 (10.10,000 on November 24, 2015, plus 30.5% on November 24, 2015, the additional interest rate of 10.10,000,000,000 on November 24, 2010.

B. Based on the above collateral security, the Plaintiff filed an application for the auction of real estate rent to the Changwon District Court Msan Branch C (hereinafter “instant auction”). At the auction procedure commenced accordingly, the Plaintiff received dividends, including dividends of KRW 215,119,410 on September 8, 2016, and KRW 220,403,546, total execution expenses.

At the time, the details of interest on the above loans are as shown in the attached sheet. The Plaintiff appropriated the total of KRW 48,679,802 as the total of the principal and interest of the loans, KRW 8,696,941, 150,000 as the principal and interest of the loans, and KRW 6,734,793 as the expenses, KRW 6,292,010 as the principal and interest of the loans, and KRW 150,734,793 as the interest of KRW

C. The Plaintiff’s loan obligations against Defendant A after the payment of the above debt remains 35,003,113 won.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants shall jointly and severally pay KRW 35,003,113 to the Plaintiff the balance of the loan obligation.

In this regard, the defendants asserted that since the plaintiff filed a lawsuit of demurrer against distribution against D in the auction of this case against which 14,000,000 won was distributed, the above 14,000,000 won should be deducted from the loan balance.

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