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(영문) 서울남부지방법원 2018.04.27 2018가단204781

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 1,087,265,130 among the Plaintiff and KRW 940,000 among the Plaintiff, with full payment from December 20, 2017.

Reasons

1. As to the Plaintiff’s assertion of the facts constituting the cause of the claim in the attached Form as the cause of the claim in this case, the Defendant is deemed to have led to confession under Article 150

Therefore, as of December 19, 2017, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15.01% per annum, which is the agreed delay damages rate from December 20, 2017 to the date of full payment of the principal amount of KRW 1,087,265,130 as of December 19, 201 and the principal amount of KRW 940,00,00,00,00, with interest rate of KRW 15.01% per annum from December 20, 2017, principal amount of KRW 59,490,173, with interest rate of delay damages rate of KRW 18% per annum, which is the agreed delay damages rate

2. The defendant asserts that not only the interest on the loan but also the principal has not been repaid. However, since the auction procedure for exercising the security right is in progress with respect to the real estate owned by the person who has pledged his/her property to secure another's property by Goyang Branch B, the plaintiff's claim of this case shall be dismissed.

However, it cannot be said that the plaintiff cannot make a claim for the payment of the principal and interest of loan because the auction procedure is in progress for the real estate owned by the property pledged to secure another's property as alleged by the defendant.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.