beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On July 9, 2010, the Plaintiff leased KRW 180,00,00 to the Defendant with interest rate of KRW 2.5% per month and on December 30, 2011, respectively. At the time, the Defendant set up a right to collateral security for the amount of 250,000,000 square meters (hereinafter “instant real estate”) owned by the Defendant to the Plaintiff as to the Plaintiff’s 221 square meters prior to Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant real estate”). Upon the Defendant’s delinquency in paying the interest on the instant loan, the Plaintiff applied for an auction of the instant real estate to the Seoul Northern District Court D on August 6, 2012, the Plaintiff applied for the auction of the said real estate on August 30, 2013, including the Plaintiff’s total principal amount of KRW 180,000,000 interest rate of KRW 80,000,000 and KRW 15314,514,0414
According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff damages for delay at the rate of 20% per annum to be claimed by the Plaintiff within the scope of 68,978,556 won (=263,515,00 won - 194,536,444 won) for the remainder of the loan to the Plaintiff, and after the due date, the Plaintiff is obligated to pay damages for delay at the rate of 5,460,00 won per annum from November 7, 2013 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.
2. As to the defendant's assertion and its determination, the defendant borrowed KRW 180,00,00 from the plaintiff and set up a mortgage on the real estate of this case to the plaintiff, but the amount actually received from the plaintiff is limited to KRW 93,128,960, and the remaining amount was remitted to a certified judicial scrivener in order to cancel the seizure registration due to default, such as the registration of establishment of a senior mortgage and taxes on the real estate of this case, which was established by the plaintiff, at his own discretion.