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(영문) 수원지방법원여주지원 2015.08.12 2014가단12104
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,474,186 and a rate of KRW 20% per annum from December 9, 2014 to the date of complete payment.

Reasons

1. On August 11, 2006, the Plaintiff entered into a loan transaction agreement (B’s husband C’s debt to the Plaintiff: a joint guarantor) with B on August 11, 2006 with the loan limit of KRW 30,00,00,00, annual interest rate of KRW 8.5%, annual interest rate of KRW 17.5%, annual interest rate of delay damages, and 17.5% per annum, and traded marina Loan (a loan: self-reliance deposit loan, type of loan, etc.) (the date of repayment thereafter is extended on August 11, 2014; hereinafter “the loan debt of this case”); and (b) the interest and interest on the loan of this case until November 12, 2014 are KRW 32,474,186 won (= principal), interest rate of KRW 31,124,297, KRW 1349,89).

On the other hand, on June 9, 2008, in order to secure the present and future obligations arising from a deed loan to the plaintiff in B and B, the plaintiff entered into a mortgage agreement of KRW 252,000,000 with respect to D apartment Nos. 501 (hereinafter "the real estate in this case") owned by B as the maximum debt amount (hereinafter "mortgage No. 252,00,000) and entered into a contract as all obligations to be borne at present and in the future due to a transaction of a deed loan in the limited collateral column. Article 11 of the special agreement provides that "a future obligation shall be held liable." The obligation to be incurred in the future is also held liable. The maximum concept is not limited to the loan and it is not limited to the loan." On June 10, 2008, the registration of establishment of mortgage was completed by the Suwon District Court No. 23484 (No. 23484).

In addition, on June 17, 2008, the Plaintiff entered into a loan transaction agreement (the subject of loan: general loan and type of loan: 180,000,000 won) with B on June 17, 2010 as well as on June 17, 2010, with the interest rate of 8.1% per annum of 17.1% per annum of damages for delay, and loaned 180,000 won to B (the repayment date thereafter is extended on June 17, 2014; hereinafter “the second loan obligation”). The interest and interest on the loan until November 12, 2014 is KRW 193,396,928 (=the principal of KRW 180,00,000 interest rate of KRW 13,396,928).

B On November 4, 2011, the contract to establish a right to lease on a deposit basis with the Defendant at KRW 170,000,000 as to the above D Apartment 501.

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