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(영문) 창원지방법원통영지원 2015.08.11 2014가단15094

대여금 등

Text

1. As to the Plaintiff, Defendant A’s KRW 48,850,840 and KRW 46,342,616 among them, the period from December 4, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On August 30, 2013, Defendant A borrowed the amount of KRW 162,10,000 from the Plaintiff as interest rate of KRW 8.9% per annum, annual interest rate of delay compensation, 24% per annum, and due date of payment on August 20, 2019, to pay the principal and interest in installments on the 20th day of each month, and provided C Truck owned by Defendant A as security for the principal and interest of the borrowed obligation.

(hereinafter) The said monetary loan agreement is “the instant loan agreement” and the said truck is “the instant truck”). B.

On April 23, 2014, Defendant A: (a) felled to fix the instant truck on the instant truck and sustained bodily injury, etc.; and (b) on May 20, 2014, the principal and interest of the loan to be repaid on June 27, 2014 was paid to the Plaintiff on July 10, 2014; and (c) on June 27, 2014, Defendant A consented to sell the instant truck to the Plaintiff and appropriate it for the repayment of the principal and interest of the loan.

C. On July 10, 2014, the Plaintiff sold the instant truck at KRW 103,00,00 to the Jinju Motor Vehicle Sales Company. On July 11, 2014, the Plaintiff appropriated KRW 92,787,282, excluding the mutual aid money, such as expenses paid during the public auction procedure, out of the purchase price, to repay the principal and interest of the Defendant A’s loan, and even after the payment was made, Defendant A’s loan principal was 46,342,616 won.

On the other hand, on April 21, 2014, Defendant A sold real estate listed in the separate sheet to Defendant B for KRW 230 million and completed the registration of ownership transfer on May 2, 2014.

(hereinafter the above real estate is “instant real estate” and the above sales contract is “instant sales contract.”

On May 2, 2014, Defendant B repaid Defendant A’s loan obligations to Defendant A with respect to the instant real estate, and Defendant B registered the establishment of a mortgage over KRW 120 million with respect to the instant real estate, which was completed by the Changwon District Court No. 10449, April 27, 201, the maximum debt amount of KRW 120 million with respect to the instant real estate, and the establishment of a mortgage over KRW 26 million with respect to the maximum debt amount of KRW 32505, Nov. 29, 201, (hereinafter “the creation of a mortgage over each of the instant real estate”).