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(영문) 인천지방법원부천지원 2020.03.05 2019가단4528
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 279,903,114 and KRW 219,853,063 from April 12, 2019 to the day of full payment.

Reasons

1. Grounds for a claim: (a) on December 30, 2016, the Plaintiff applied the basic terms and conditions of credit transaction to the Defendant on December 30, 2016, with the expiry date of the credit extension of KRW 450 million for general loans on December 30, 2019; (b) the interest rate is a floating rate (the basic rate concentration MOR + additional interest rate + 2.61% per annum); and (c) the compensation for delay was leased at the highest rate of 18% per annum.

However, the Defendant did not pay the repayment of the above loan, and the Plaintiff applied for an auction on the mortgaged real estate and received the dividend of KRW 230,146,937 in the distribution procedure on August 13, 2019.

If the above dividends are appropriated preferentially to the principal, as of April 12, 2019, the defendant shall pay the principal amount of KRW 219,853,063, interest rate of KRW 60,050,051, total of KRW 279,903,114, based on the interest rate of 7.13% per annum, and shall claim performance.

2. Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act.

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