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(영문) 수원지방법원 2018.06.22 2017가합2550
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 626,627,193 and the amount of KRW 265,701,796 from August 23, 2017 to the date of full payment.

Reasons

1. Indication of claim;

A. On September 26, 2006, the Plaintiff loaned KRW 534,00,000 to the Defendant at interest rate of KRW 6.75% per annum, KRW 20% per annum, and KRW 534,00 per annum, KRW 20% per annum, and the repayment date on September 26, 2012 (Extended due Date). As a security, the Plaintiff was set up a collateral security right of KRW 694,20,00 with maximum debt amount of KRW 283,204, 700 owned by the Defendant.

B. The Plaintiff loaned KRW 8.05% per annum on October 2, 2006, interest rate of KRW 78,000,000 per annum, KRW 20% per annum on damages for delay, and on September 24, 2012 (Extension Date) on the redemption date, and was set as a collateral the right to collateral security of KRW 101,40,000 on the said real estate.

C. The Defendant did not repay each of the above loans, and the Plaintiff received dividends of KRW 343,786,355 in the above real estate auction procedure.

As of August 22, 2017, the dividend was first appropriated to the Defendant in favor of the principal, etc., but as of August 22, 2017, the interest 265,701,796 won, interest 141,572,935 won, interest 209,95,375 won, additional expenses 4,230 won, and interest 9,392,857 won were remaining in relation to the loan of paragraph (b).

E. Claim for the payment of damages for delay calculated by the rate of 20% per annum from August 23, 2017 to KRW 626,627,193 in total of the balance of the above loans and KRW 265,701,796 in each of them.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

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