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(영문) 인천지방법원 2018.01.11 2017가단26927
대여금
Text

1. The defendant shall pay 109,054,077 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. As to the cause of claim

A. On December 28, 2006, the Plaintiff loaned KRW 527,00,00 to the Defendant on December 28, 2006, with a fixed interest rate of KRW 527,00,00 and due date of payment as of December 28, 2011 (hereinafter “instant loan”). 2) The Plaintiff received a decision to voluntarily commence the auction on the secured real estate owned by the Defendant from Incheon District Court B. The auction court distributed KRW 47,607,438 (the amount of interest and procedural expenses of KRW 45,108,80 for delay and procedural expenses of KRW 455,108,80 for sale) to the Plaintiff on March 8, 2013, the Plaintiff distributed KRW 10,304,090 for sale and KRW 807,3348,348 for execution expenses after deducting KRW 10,304,09,151 for sale interest and KRW 807,151).

3) At that time, the principal amount of the instant loan was KRW 452,672,287, interest 151,196,809, and KRW 1,814,693, and the Plaintiff paid KRW 473,458,950, totaling dividend and enforcement expenses from the auction court on March 8, 2013, and appropriated KRW 452,672,287, and the principal amount to KRW 1,814,693, and appropriated the interest to KRW 18,971,970,970, according to the agreement on July 6, 2015, the Plaintiff deducted the difference in the interest rate of the CD from the interest rate of the instant loan.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, 4, 5, and 7, and the purport of the whole pleadings

B. The Defendant is obligated to pay 109,054,077 won (interest 151,196,809 won - 18,971,970 won - refund of the difference in interest rate of the CD 23,170,762 won) to the Plaintiff.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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