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(영문) 서울중앙지방법원 2016.05.04 2015가단176063

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 192,55,593 and the interest rate of KRW 15% per annum from May 1, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. The National Agricultural Cooperative Federation (the National Agricultural Cooperative Federation is changed to the Nonghyup Bank; hereinafter the National Agricultural Cooperative Federation) acquired each collateral in sequence, with the maximum debt amount of KRW 594,00,000,600,600,000,000, and KRW 93,600,000,000, as joint collateral, in order to secure the principal and interest of loan to the Defendant, while carrying out the following loans:

(1) Loans of KRW 495,000 (this rate is 15.5%) (2) on December 9, 2005 (this rate is 15.5%) loans of KRW 36,000,000 (this rate is 15%) on September 20, 2007 (3) loans of KRW 134,000,000 on October 16, 2007 (this rate is 15.2%) (4) loans of KRW 80,000 on October 7, 2008 (this rate is 15.3%) loans of KRW 15.3% on September 7, 2010 (5) loans of KRW 15.5% on September 7, 2010 (this rate is extended).

B. After that, the Defendant failed to pay the principal and interest of the instant case to the NACF, and the NACF applied for a voluntary auction on January 9, 2012 with respect to each of the said real estate to the NAF branch of the NACF.

(H). (c)

On June 8, 2012, when the auction procedure on each of the above real estate was in progress, the Plaintiff acquired each of the above collateral security rights from the National Agricultural Cooperatives Federation to secure it along with each of the principal and interest claims of this case against the Defendant.

In the above auction procedure, the Plaintiff received dividends of KRW 1,396,517,308 as dividends, and received KRW 6,293,080 as enforcement expenses.

However, there was a shortage of KRW 369,860 as the amount of the auction deposit (5,700,860 won) paid out of the above auction procedure was more than the amount of the auction deposit (5,331,000 won), and the execution court paid the remaining amount to the plaintiff after deducting the said shortage.

[Evidence] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) The instant appropriation is based on (i) the provisional payment amount of KRW 6,039,421, which is the cost for bond enforcement based on April 30, 2014, when the statutory appropriation of performance was made.