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(영문) 대구지방법원 2018.01.25 2017가합616

대여금

Text

The defendant shall pay 359,205,226 won to the plaintiff and 25% per annum from February 23, 2017 to the day of complete payment.

Reasons

Facts of recognition

On July 11, 201, 208, the Plaintiff, a credit union established pursuant to the Credit Unions Act, entered into each of the following loan transaction agreements with the Defendant, a member of the Plaintiff, at the rate of 8.7% per annum 25 million per annum on July 11, 2010 (the extension to July 11, 201) and 8.7% per annum on May 6, 2010, KRW 290 million per annum 8.5% per annum on May 6, 2011, and 25% per annum on May 6, 2011 with each of the above loan transaction agreements with KRW 130 million per annum on July 11, 2008, and KRW 378,106,392 per annum on July 11, 2010, each of the above loan agreements with each of the Defendant (hereinafter referred to as “each of the instant loans”).

On July 26, 2016, in order to secure the principal and interest of loans under each of the above loan agreements, the Plaintiff filed an application for a public auction of real estate lease with the Daegu District Court D, based on the joint establishment registration of the creation of the joint principal and interest amount of KRW 57 million, the maximum debt amount of which was completed as of March 9, 2010, as to the Defendant’s share of 1985 square meters (hereinafter “B”) prior to Daegu Northern-gu B and the 2484 square meters prior to Daegu Northern-gu C (hereinafter “C land”).

On February 22, 2017, the Plaintiff received a total of KRW 867,390,966 [the amount of KRW 859,562,790 (the mortgagee) [the execution cost of KRW 7,828,176]; KRW 11,903,140; interest and delay damages under each of the loan agreements of this case up to the time; KRW 714,693,052; KRW 13,00,000; KRW 10,794,774 out of the loan principal under the loan agreement of this case; KRW 377,000,000,000 in the balance of the loan principal under the loan agreement of this case under the loan agreement of this case (= KRW 867,390,966, KRW 11,903,140, KRW 7146,300,005,00).

Loans under each of the loan agreements of this case remaining after the above legal appropriation shall be the second.