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(영문) 창원지방법원진주지원 2015.10.28 2015가합437
대여금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 201,50,000 and the interest rate thereon from July 16, 2012 to the date of full payment.

Reasons

1. Basic facts

A. On November 6, 2009, the Plaintiff lent KRW 201,500,000 to Defendant B on December 31, 2009 as of the due date for repayment and interest rate of KRW 24% per annum (hereinafter “instant loan”), and Defendant B’s wife C guaranteed the entire amount of the principal and interest obligation of the instant loan.

B. On November 6, 2009, Defendant B entered into a mortgage agreement with the Plaintiff on the land and ground of Jinju-si with the amount of KRW 240,00,000 as to the debtor B, the maximum debt amount, and the maximum debt amount. On November 9, 2009, Defendant B completed the registration of creation of a mortgage over the Plaintiff on November 9, 2009.

(hereinafter the above right to collateral security is deemed to be the first right to collateral security).

Defendant B repaid to the Plaintiff KRW 2,00,000 on December 1, 2009, KRW 4,000,000 on January 3, 2010, and KRW 4,000 on February 1, 2010, respectively.

On May 8, 2012, the Plaintiff cancelled the registration of the establishment of the first mortgage on D Land and Building at Jin-si, Jin-si.

E. On May 10, 2012, Defendant C entered into a mortgage agreement with the Plaintiff, setting the maximum debt amount of KRW 120,000,000, and the debtor as Defendant C with respect to the G land and building in Jinju-si, and completed the registration of the establishment of a neighboring mortgage on May 15, 2012 to the Plaintiff.

(B) Meanwhile, on November 10, 2014, the Jinju Livestock Cooperative applied for a voluntary auction of real estate on the real estate of Y and F, and three parcels of land owned by Defendant B, etc., Jinju Livestock Cooperative filed an application for a voluntary auction of real estate with the Changwon District Court Jinju Branch H. The Plaintiff received KRW 120,018,009 from the aforementioned voluntary auction procedure and appropriated it for the repayment of the principal and interest of the instant loan.

G. The details of the Plaintiff’s appropriation of the money repaid by Defendant B and the money distributed by the Plaintiff in the process of voluntary auction are as indicated in the calculation sheet of the amount appropriated for the repayment of principal and interest of the instant loan. As of November 10, 2014, the principal and interest of the instant loan are KRW 313,94,454 (= Principal KRW 201,50,000) as of November 10, 2014 (=12,44,454).

recognized.

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