beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff, around October 29, 2002, extended a loan of KRW 170 million to the Defendant. However, as of September 12, 2017, the fact that the interest rate of KRW 58,187,130 was not paid as of September 12, 2017 does not conflict between the parties, or that the purport of each of the statements and arguments as set forth in subparagraphs A through 5 is recognized.
According to the above facts, the defendant is obligated to pay the above KRW 58,187,130 to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's assertion
A. The judgment on the assertion of repayment is based on the right to collateral security established on the real estate owned by the Defendant, and there is no evidence to acknowledge the payment of the principal and interest of the instant loan in the auction procedure. Rather, according to each of the above evidence, the distribution schedule was prepared on April 10, 2009 that the Plaintiff received dividends of KRW 24 million from the auction procedure (Seoul Central District Court C) on the real estate owned by the Defendant and the distribution date of KRW 4549,730 on April 10, 2009, and the distribution of dividends is terminated. The Plaintiff used the said dividends to cover KRW 17,577,810, the principal and interest of KRW 35,377,810, the legal procedure expenses, and KRW 3,171,920, and the Defendant’s deposit amount and KRW 557,103, and the remaining debt after the offset is recognized. Therefore, this part of the Defendant’s assertion is without merit.
B. The Defendant asserts that the period of extinctive prescription has expired since nine years since the termination of the auction procedure. The Defendant claimed the amount equivalent to interest to the Defendant. The Plaintiff asserts that the extinctive prescription has expired.
A creditor shall participate in a compulsory auction procedure by exercising his/her right by means of demand for distribution, report on claims, etc., and a distribution schedule is prepared as to only a part of the distribution amount, which has been interrupted by the exercise of his/her right, and again, a distribution schedule is prepared as to only a part of the distribution amount.