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(영문) 서울서부지방법원 2016.06.10 2016가단1420

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 22, 2012, the Defendant established a collateral security right of KRW 610 million with a maximum amount of debt, by providing the Defendant’s share of KRW 52 square meters in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 52 square meters in size, D large 14 square meters in size, E large 294 square meters in common on May 22, 2017, as the interest rate of KRW 470 million is 6.85% per annum, overdue interest rate of KRW 17% per annum, and maturity of May 22, 2017.

B. On May 13, 2014, the Plaintiff filed an application for the auction of real estate rent with the Seoul Western District Court G, and the Defendant delayed the payment of the above loan, and the Plaintiff filed an application for the auction of real estate rent with H with the Seoul Western District Court H on the same day.

C. The World Credit Union transferred the above secured claims against the Defendant to the Korea Mortgage Exchange, Inc., and the Plaintiff acquired the claims through I, the Korea Mortgage Exchange, and the J.

In the above voluntary auction procedure, on June 24, 2015, with respect to the above secured claims against the Defendant, KRW 103,979,654;

9. A total of KRW 610,000,000,000,000 for 507,020,346,000.

[Evidence Evidence: Facts without dispute; Evidence Nos. 1 through 8; Evidence No. 1 to 6; Evidence No. 1 to 6; Purport of the whole pleadings]

2. Judgment on the parties’ assertion

A. The party’s assertion that the Plaintiff claimed the difference between 50,431,643 won and the dividends calculated at 17% per annum if damages for delay calculated at the rate of 23.85% per annum plus 17% per annum due to the Defendant’s delinquency in payment of the loan.

In this regard, the defendant shall apply 17% per annum to the principal, and the defendant shall claim that the debt was all extinguished as long as the amount of the secured debt is more than 606,377,260 million won by September 10, 2015, which is the final dividend date, as long as the amount of 61,100,000 won was distributed.

B. In this case, the issue is whether to interpret the overdue interest rate of 17% per annum to be added to the rate of 6.85% per annum or to be added to the principal.

And the interpretation of the legal act shall be made by the parties.