beta
Text
1. The Defendant shall pay to the Plaintiff KRW 523,723,450 and a rate of KRW 20% per annum from March 14, 2015 to the date of full payment.
Reasons
1. Indication of claim;
A. On August 30, 2013, the Plaintiff: (a) determined 8% of the interest rate of KRW 700 million to the Defendant on a yearly basis (the last day of each month, but the interest rate after the maturity shall be 24% per annum); and (b) the due date of repayment on October 31, 2013.
B. On August 30, 2013, the Plaintiff entered into a pledge agreement with the Defendant on the Defendant’s collateral against Nonparty B (the collateral security is the right to collateral security against the Defendant’s creditor, the maximum debt amount, 2.99 billion won, which was set out in the Seocho-gu Seoul, Seoul, and D ground E apartment No. 124, 1703, which was owned by B). On September 2, 2013, the Plaintiff completed the additional registration of the right to collateral security on the ground of the contract concluded on August 30, 2013 with the Defendant as to the above collateral.
C. On May 8, 2014, the Plaintiff had an agreement of KRW 700 million to the Defendant, from August 30, 2013 to October 31, 2013, 9,665,753 won (i.e., KRW 700 million x 63 days x 63 days x 8% x 8% ; hereinafter the same shall apply), damages for delay based on the agreed rate between November 1, 2013 and May 8, 2014 (i.e., KRW 70 million x 189 days x 189 days x 365 days x 8% x 8%) with the principal and interest of KRW 796,657,533 won (i.e., KRW 79,65,753 won , 86,91, 780).
However, as a result of the Plaintiff’s receipt of dividends of KRW 272,780,661 as a pledgee of a right to collateral security during the voluntary auction procedure for the said real estate on May 8, 2014, the Plaintiff paid damages for delay from May 9, 2014 to the date of full payment of principal amounting to KRW 523,876,872 (i.e., KRW 796,657,533 - 272,780,661) and the amount of the said loans.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., sought by the Plaintiff within the scope of the principal and interest of the loan obligations remaining after the date of delivery of a copy of the complaint of this case to the day of full payment.
2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act)