(영문) 대전지방법원 2015.11.27 2015나1664 | 리걸엔진

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(영문) 대전지방법원 2015.11.27 2015나1664

대여금

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1. The judgment of the court of first instance is modified as follows.

Defendant (Appointed Party) and Appointed C shall be jointly and severally liable to the Plaintiff.

Reasons

Basic Facts

On June 30, 201, Defendant (Appointed Party) and Selected C (hereinafter collectively referred to as “the Defendant”) borrowed KRW 45,000,000 from the Plaintiff on June 30, 201 as the due date of payment on June 30, 2012, and 3.3% per interest, and on July 1, 2011, the Plaintiff completed the registration of establishment of a mortgage with respect to the size of KRW 395 square meters owned by the Defendant (Appointed Party) against the Plaintiff on July 1, 2011.

B. On February 3, 2014, regarding the foregoing right to collateral security, an additional registration of the transfer of the right to collateral security was completed on the ground of “transfer of contract on January 27, 2014” in the E’s future.

C. After the application of E, the procedure for the voluntary auction of real estate (hereinafter “instant voluntary auction procedure”) was commenced with the Daejeon District Court Red Branch F for the pertinent land. On September 10, 2014, E transferred the entire loan claim against the Defendants to the Plaintiff during the said auction procedure. Around that time, E notified the Defendants of the said transfer.

[Ground] In light of the above facts, the defendants are jointly and severally liable for a dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1, Eul evidence Nos. 2, and evidence Nos. 2, and all of the arguments. The defendants enter into a loan Nos. 45,00,000 won with respect to the plaintiff, and the contract under Article 2 (1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014) with the date following the date when the plaintiff was paid interest from the defendants to the date of full payment, which is the date when the plaintiff was paid interest from the defendants. Thus, the contract of Article 2 (1) of the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014) with the highest interest rate of 30% per annum, which was amended by Act No. 12227, Jul. 15, 2014.

The plaintiff is entitled to claim from the agreed interest and damages for delay at the rate of the agreement.

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