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(영문) 창원지방법원 2017.02.02 2016가합51682
대여금등
Text

1. The Defendant’s KRW 619,545,746 and its portion, among the Plaintiff:

A. From October 6, 2007 to May 26, 2016, KRW 180,000.

Reasons

On the premise, the defendant is the representative director of D (hereinafter referred to as "D") who completed the Kimhae-si Seoul Building (hereinafter referred to as "the instant building") on September 14, 2007, and the plaintiff is a senior ship of the defendant's direction.

The Plaintiff entered into a sales contract with D on February 14, 2007 with respect to the instant building No. 108 (hereinafter “instant commercial building”) which was scheduled to be completed on September 14, 2007 as follows (hereinafter “instant sales contract”).

① On September 21, 2007, the Plaintiff entered into a loan agreement (i.e., the loan agreement (i., the loan agreement) between the Plaintiff and the Plaintiff, including a down payment of KRW 200 million, the intermediate payment of KRW 140 million, the balance of KRW 410 million, and the Plaintiff’s loan agreement between the Plaintiff and the Plaintiff of the Korea Saemaul Bank, as follows:

(1) Loan principal: 410,000,000 won. (2) Interest on loan shall be paid in the month following the loan according to the fluctuation rate under the terms and conditions of community credit cooperatives.

(3) Damages for delay: 22% per annum shall be paid when a delay in the payment of interest loses the benefit of the term.

On October 2, 2007, the Plaintiff completed the registration of the establishment of mortgage over the commercial building of this case (hereinafter referred to as the “mortgage”) in the vicinity of the maximum debt amount of KRW 574,00,000, in the future of the Busan Saemaeul Community Treasury as a security for the loan agreement of this case.

As the Plaintiff lost the interest pursuant to the loan agreement of this case from March 14, 2009 to the time limit on May 14, 2009, such as an application for voluntary auction by the Unwon Saemaul Depository, etc., received a dividend of KRW 330,060,90 on May 26, 2010 (i.e., proceeds of sale of KRW 335,000,000, KRW 146,870, KRW 5,085,880) by filing an application for voluntary auction against the commercial building of this case with the Changwon District Court E based on the right to collateral security of this case.

The Korea Saemaul Depository shall pay 330,060,990 won to the dividends (1) from March 14, 2009 to May 14, 2009

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