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(영문) 부산지방법원동부지원 2016.05.25 2015가단10341
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 53,289,210 to the Plaintiff (Counterclaim Defendant) and its related amount from August 14, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. On November 24, 2005, the Plaintiff entered into a loan transaction agreement with the Defendant on November 24, 2005, with a loan amount of KRW 60,000,000, the loan period of KRW 18% per annum on November 24, 2008, and the repayment period of KRW 60,000,000 on the same day by depositing the loan amount of KRW 60,000 in the Defendant’s account (B).

(hereinafter “instant claim”). (b)

In order to secure the claim of this case, the Plaintiff entered into a mortgage agreement with the Defendant and the maximum debt amount of KRW 78,000,000,000 with respect to the Busan Southern-gu Busan-gu Seoul-do 539 square meters (hereinafter “the land No. 1”) and D 661 square meters (hereinafter “the land No. 2 of this case”), which are owned by the Defendant, respectively, and each Busan-do District Court completed the registration of the establishment of a mortgage as the receipt of No. 7545, Nov. 21, 2005.

C. On the other hand, the plaintiff B.

Before establishing the right to collateral security, the right to collateral security was established between the Defendant and the debtor on August 12, 2005 with respect to the land Nos. 1 and 2 of this case, with a view to securing a separate claim against the Defendant. The right to collateral security was established between the debtor and the maximum debt amount of which is KRW 390,000,000, respectively, and each Busan District Court rendered the right to collateral security establishment registration with the Busan District Court No. 54673, Aug. 12, 2005.

On September 5, 2013, the Plaintiff’s voluntary auction began on September 5, 2013 with regard to the said real estate by exercising the right to collateral security upon the long-term delay in the repayment of interest on the instant claim.

On December 13, 2013, the Plaintiff received 64,053,420 won from the date of distribution as to the land No. 1 of this case and appropriated it for the instant claim. The Plaintiff received dividends of KRW 298,164,749 from the date of distribution as to the land No. 2 of this case.

The claim was appropriated for a separate claim described in the paragraph.

E. The amount of the Plaintiff’s remaining interest is KRW 53,289,210.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 5, 9, and 13, and the purport of the whole pleadings.

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