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(영문) 울산지방법원 2018.04.06 2017가단14702
대여금
Text

1. The defendant shall pay to the plaintiff KRW 58,995,291.

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

3.Paragraph 1.

Reasons

On February 23, 2012, the Plaintiff and the Defendant entered into a loan transaction agreement with the mutual finance regular deposit interest rate (one year) and interest rate of 21% per annum with the floating interest rate on February 27, 2015. Since the Defendant was unable to repay the loan on the above repayment date, the Plaintiff filed an application for a voluntary auction for B B B 103 Dong-dong 3409 and 3410 of the same apartment building 103 Dong-dong 103 Dong-dong 3410 and received dividends of KRW 371,174 and 3409 in the above auction procedure. The Plaintiff appropriated the remaining amount after appropriating the dividends to the principal with priority over interest, but the remaining interest is not 58,95 and 291 won (the amount reported by the Plaintiff is 77,419 and 4046 won, and the remaining interest is 195 or 2505 won with the purport that the remaining amount is excluding the principal and interest, as prescribed in the Plaintiff’s.

Thus, the defendant is obligated to pay the interest accrued to the plaintiff KRW 58,995,291. Thus, the plaintiff's claim of this case is justified.

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