logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.03.21 2018가단21142
대여금
Text

1. As to KRW 326,132,941 and KRW 90,00,00 among the Plaintiff, Defendant B’s interest rate of KRW 326,132,941 from June 29, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 15, 2003, the Plaintiff lent KRW 90,000,00 to Defendant B at the maturity rate of 25% per annum on August 30, 2003, and Defendant C guaranteed the Defendant B’s debt.

In addition, the Plaintiff completed the registration of establishment of a mortgage, which is the Plaintiff of the right to collateral security, on the same day, with regard to the size of 1574m2, which is 1574m2, which is owned by Defendant B, from the same day as the secured debt.

B. In order to claim the above loan against Defendant B, the Plaintiff filed a claim for the loan with the Jung Government District Court 2008Da62854, and the court rendered the judgment in favor of the Plaintiff that “Defendant B shall pay to the Plaintiff the amount of KRW 90,000,000 and interest calculated at the rate of 25% per annum from August 31, 2003 to the date of full payment.”

The judgment became final and conclusive on December 30, 2008.

(hereinafter referred to as "judgments final and conclusive")

C. On October 22, 2008, the Plaintiff received a voluntary decision to commence the auction by exercising the above collateral security right, and on April 13, 2009, the Plaintiff received the distribution of KRW 2,483,497 as a creditor of a demand for distribution with an executory exemplification, who was a mortgagee of the right to collateral security on the date of distribution, as a mortgagee of April 13, 2009.

All of the above dividends have been appropriated for the total amount of KRW 126,431,506 (the amount calculated by the rate of 25% per annum from August 31, 2003 to the date of distribution) incurred by the loan 90,000,000 won until April 13, 2009 (the amount calculated by the rate of 25% per annum from August 31, 2003 to the date of distribution).

【Facts without dispute over the grounds for recognition】 【No dispute over the grounds for recognition, Gap’s 1 through 4, 7, and Eul’s 4

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff 326,256,228 won (=90,000 won 28,948,009 won 207,308,219 [326,132,941 won among them 90,000 won 28,948,009 won x 0.25% x 0.25% x 3363 days (from April 14, 2009 to June 28, 2018) x below KRW 326,132,941 won and 90,000,000 won among them at the rate of 25% per annum from June 29, 2018 to the date of full payment].

arrow