logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2017.02.02 2015가단13414
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Defendant, a unregistered credit service provider, lent KRW 220 million to the Plaintiff on January 30, 2013.

The Plaintiff repaid to the Defendant KRW 20 million on March 22, 2013, KRW 80 million on May 24, 2013, and KRW 100 million on a total.

On May 24, 2013, the Plaintiff and the Defendant appropriated KRW 100 million for interest and partial principal, and made the remainder to KRW 147 million with interest and KRW 36% per annum and the due date on June 24, 2013, and agreed that the remainder shall be appropriated for repayment in the order of interest and principal (hereinafter “the first agreement”).

On May 24, 2013, the Plaintiff set up a collateral security right of KRW 150 million with respect to the land D in Gunposi, in order to secure the Defendant’s obligation for the said loan.

The Plaintiff paid 8 million won interest to the Defendant before May 19, 2014.

On May 19, 2014, the Plaintiff and the Defendant repaid KRW 60 million to the Defendant, but agreed to cover the principal. Accordingly, the Plaintiff repaid KRW 60 million to the Defendant on May 20, 2014.

On May 24, 2014, the Plaintiff and the Defendant concluded again with the following terms (hereinafter “instant second agreement”).

From May 24, 2013 to May 24, 2014, KRW 8 million out of the interest rate of KRW 2.5% per annum (30%) 4.1 million per annum was already paid to the defendant by the plaintiff. The amount of KRW 33 million after reduction of KRW 3.1 million from the interest balance of KRW 36.1 million and the principal amount of KRW 27 million shall be appropriated for the above KRW 60 million.

The Plaintiff shall pay to the Defendant KRW 300,000,000 per month, which is the interest calculated by the ratio of 2.5% per month (30% per annum) from June 24, 2014 to the principal amount of KRW 120,000,000 per month, and if the Plaintiff delays the payment of the above interest, it shall be null and void as above.

The Plaintiff did not pay interest under the second agreement.

④ In this case involving the compulsory auction of real estate C in this Court regarding the land set forth above, this Court set forth a distribution schedule stating that this Court distributes the amount of KRW 150 million to the Defendant who is a mortgagee of the right to collateral security on August 5, 2015.

arrow