임의경매비용등청구
1. The plaintiff's appeal is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On March 28, 2016, the Plaintiff set the interest rate of KRW 140 million to the Defendant at 3% per month and the due date on April 27, 2016.
(hereinafter “instant loan”). (b) The instant loan
On June 10, 2016, the Plaintiff completed the establishment registration of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the amount of KRW 160 million, the maximum debt amount of which is KRW 160,078 square meters and KRW 2480,000,000,000 owned by the agricultural company Ebri Limited, Seocho-gu, Seoul, Seocho-gu, Seoul, with the secured claim for the instant loan claim as the secured claim.
C. The Plaintiff filed an application for voluntary auction on each of the instant real estate based on the instant collateral security, and the Seoul Central District Court rendered a voluntary decision to commence auction on September 2, 2016.
(hereinafter “instant auction procedure”). D. The auction procedure following the said decision on voluntary commencement of auction (hereinafter “instant auction procedure”).
On February 7, 2017, the Plaintiff withdrawn the application for voluntary auction on each of the instant real estate.
E. Meanwhile, on May 1, 2016, the Defendant repaid the Plaintiff interest of KRW 2,800,000,000, and on February 7, 2017, the Defendant borrowed KRW 170,000 from the Daegu Credit Union, which was the first priority collective security right holder of each of the instant real estate, and repaid the Plaintiff KRW 170,00,000.
[Ground of recognition] Unsatisfy, Gap evidence 1-1, 2, 3, and 9-1, and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. (1) The Defendant shall be paid a total of KRW 36,063,616 per annum (=140 million x 0.279 x 337 days/365 days) on the grounds of the claim (i) the maximum interest rate under the Interest Limitation Act on the instant lending is 27.9% per annum.
The Plaintiff received only KRW 32,800,000 as interest (i.e., KRW 2,800,000 as of May 1, 2016) from the Defendant, and the Defendant ought to additionally pay KRW 3,263,616 as interest accrued on February 7, 2017.
(2) The Plaintiff paid 4,619,200 won for the instant auction procedure (i.e., KRW 4,234,200 for the service charge of KRW 385,00).