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(영문) 수원지방법원성남지원 2013.01.29 2012가합7447
대여금 등
Text

1. Defendants B and D shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from May 12, 2012 to the date of full payment.

Reasons

1. Basic facts

A. (1) On August 19, 2010, Defendant B entered into a loan contract for consumption, etc.) between the Plaintiff and the Plaintiff, and Defendant B, the Seocho-gu Seoul E building owned by Defendant D under the name of Defendant C (hereinafter “instant real estate”).

(B) A loan agreement for consumption (hereinafter “the loan agreement of this case”) with the purport that the Plaintiff will borrow KRW 200 million from the Plaintiff as security at 2.5% per month interest, and as of November 19, 2010, respectively, (hereinafter “the loan agreement of this case”).

(2) On March 25, 2011, Defendant D prepared and delivered the loan certificate (Evidence No. 2-1, hereinafter “the loan certificate of this case”) indicated as “the borrowed money of KRW 200 million, Defendant C, Defendant D, Defendant D, and date of borrowing,” to the Plaintiff and “the borrowed money of KRW 200 million, Defendant D, and Defendant D, August 19, 201.”

B. On May 11, 2012, the Plaintiff received dividends of KRW 87,772,602 from the voluntary auction procedure for the instant real estate (Seoul Central District CourtF) on the other hand, 87,772,602, which the Plaintiff received in the said auction procedure, in the order of statutory appropriation for payment, pursuant to the order of statutory appropriation for payment, 30% per annum until the date of the said distribution as to the leased principal under the loan agreement of this case, the Plaintiff sought 2.5% per annum of the monthly interest rate of KRW 200,000 per annum under the loan for consumption contract of this case. Accordingly, this is followed.

(hereinafter the same shall apply)

The interest and delay damages based on the ratio of 103,770,491 won (=200 million won x 30% x 1267/36), and the amount of the principal and interest on loans under the loan agreement of this case as of May 11, 2012, which is the dividend date, shall be 215,97,889 won (=200 million won = 15,97,89 won (=103,70,491 - 87,72,602 won)). [Grounds for recognition] Plaintiff and Defendant B: Confession (Article 208(3)2, Article 150(3) of the Civil Procedure Act) and Defendant C, the fact that there is no dispute over the loans under the loan agreement of this case as of May 11, 2012.

(A) Evidence No. 3 (No. 1)

- Evidence No. 4, Evidence No. 5, Evidence No. 5, Evidence No. 5, Witness G’s testimony, the purport of the whole pleadings

2. The parties' arguments and judgments.

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