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(영문) 서울중앙지방법원 2017.04.28 2016가단58230

대여금

Text

1. The Defendant’s KRW 30,000,000 and its amount are 5% per annum from September 22, 2015 to April 28, 2017 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 6, and 8 as to the cause of the claim, the plaintiff may recognize the fact that on April 2, 2012, the plaintiff lent 30 million won to the defendant on July 2, 2012 with interest 24% per annum. Thus, barring any special circumstance, the defendant is liable to pay to the plaintiff interest and delay damages calculated at the rate of 24% per annum from April 2, 2012 to the date of full payment.

2. Judgment on the defendant's assertion

A. At the time of borrowing, the Defendant’s summary of the Defendant’s assertion offered real estate owned C as collateral to the Plaintiff at the time of borrowing, and the Plaintiff received dividends of KRW 25 million in the auction procedure for the said real estate, and thus, the Plaintiff’s claim cannot be complied with.

B. Comprehensively taking account of the overall purport of the arguments as to Gap evidence Nos. 1 through 11, the defendant set up a right to collateral security (hereinafter "real estate of this case") as to the debtor with respect to the Seocho-gu Seoul Metropolitan Government E and F ground 202 multi-household housing (hereinafter "multi-household housing of this case") owned on April 13, 2012, in order to secure the total amount of KRW 80 million borrowed money from the plaintiff and non-party D with the plaintiff on April 13, 2012, with the amount of KRW 383,865,792, and KRW 250,000,000,000,000 (hereinafter "non-party 25,000,000 won against the plaintiff and non-party 4,000,000 won, which were 3835,000 won, with the Seoul Central District Court G. 1, 2013.