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(영문) 수원지방법원 여주지원 2018.01.17 2016가합836
대여금
Text

1. The defendant shall pay to the plaintiff KRW 261,635,060.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On February 22, 2013, the Plaintiff entered into a loan transaction agreement with the Defendant (hereinafter “instant loan transaction agreement”) with the following terms and conditions, and loaned KRW 800 million to the Defendant.

(1) Loan amount: 800,000,000 won on the date of repayment: (3) Interest rate on February 22, 2015: 18% per annum (8% per annum if the delayed interest rate is 30 days or less per annum, 9% per annum if the delayed period is at least 31 days but not more than 90 days per annum, and 11% per annum if the delayed period is at least 91 days per annum).

B. On February 19, 2013, the Plaintiff received from B, C, D, and E each registration of the establishment of a mortgage over the Defendant, the mortgagee, the maximum debt amount of KRW 960,00,000, with respect to six real estate units, including the F141 square meters, which was secured by the claim under the loan transaction agreement in this case.

C. The Plaintiff, on October 22, 2014, lost the agreed interest due to the Defendant’s delinquency, filed an application for an auction of real estate rent (this court G G) on the basis of the foregoing right to collateral security on October 22, 2014. At the above auction procedure on October 26, 2016, the Plaintiff received dividends of KRW 860,275,191 out of the total amount of the principal and interest based on the instant loan transaction agreement at the time of the instant auction procedure as of October 26, 2016 (the principal amount of KRW 8,00,000,000,000 interest of KRW 8,801,542 overdue interest of KRW 313,108,

[Reasons for Recognition] A’s 1-3 evidence, A’s 5-1-4 evidence, A’s 7-1-6 evidence, Eul’s 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of determination as to the cause of the claim under Paragraph 1, the defendant is obligated to pay damages for delay (interest in delay) 261,635,060 won (interest in delay) - 860,275,191 won (interest in default as at the date of dividend) - the plaintiff gives up the profits appropriated first to the interest according to the statutory appropriation of performance and appropriated the principal first to the interest, so the above dividend is appropriated first to the principal amount of KRW 800,000,000, and the remainder of KRW 60,275,191 is appropriated to the interest or overdue interest, barring any special circumstances to the plaintiff).

B. 1. The defendant's defense of false agreement against the defendant's defense is the defendant.

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