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(영문) 서울동부지방법원 2015.05.20 2014가단28368
대여금
Text

1. As to KRW 257,362,893 and KRW 145,897,237 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 10, 2014 to April 5, 2014.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (i) On January 25, 2008, the Defendant obtained a loan of KRW 438 million from the Plaintiff as of January 25, 201 (hereinafter “instant loan”); and B, in order to secure the instant loan obligation, as to the obligor, the Defendant, the mortgagee, the Plaintiff, and the maximum debt amount, KRW 585 million, and completed the registration of the establishment of the neighboring mortgage.

B. On January 25, 2011, the Defendant extended the repayment period of the instant loan to January 24, 2012, and on January 2012, the Defendant extended the repayment period to August 9, 2012.

Article 22(1) of the Civil Procedure Act (amended by the Presidential Decree No. 2420, Oct. 26, 2012) provides that the Plaintiff shall pay KRW 145,897,237, interest or delay damages in the principal amount of the instant loan as of March 9, 2014, when the Defendant was unable to repay the instant loan by August 9, 2012, on October 26, 2012 upon the Plaintiff’s request, the procedures for voluntary auction were initiated as to the instant building on March 6, 2014, and the Plaintiff was paid KRW 145,897,237, interest or delay damages in the instant loan, as of March 9, 2014.

Meanwhile, according to the instant loan agreement, the interest rate on the instant loan is 6.024% per annum, and the rate of delay damages is 8% per annum for less than one month from the date of delinquency in the agreed interest rate, 9% per annum for less than one month and less than three months, and 10% per annum for more than three months (However, if the rate of delay damages calculated is less than 15% per annum, 15% per annum).

【Unsatisfyal grounds for recognition】 Insatisfy, Gap evidence Nos. 1, 2, 4 (including evidence with provisional number; hereinafter the same shall apply), Eul evidence Nos. 3 through 7, 11, 14 through 16, the purport of the whole pleadings

B. According to the facts found above, the Defendant’s claim against the Plaintiff as to the principal and interest of the instant loan KRW 257,362,893 and principal KRW 145,897,237 among them, 15% per annum from March 10, 2014 to April 5, 2014, and from the following day to June 2014.

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