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(영문) 수원지방법원 안양지원 2017.02.02 2015가단110384
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 102,592,783 as well as 30% per annum from August 6, 2015 to the day of complete payment.

Reasons

In fact, the Plaintiff, a unregistered credit service provider, lent KRW 220 million to the Defendant on January 30, 2013.

The Defendant repaid to the Plaintiff KRW 20 million on March 22, 2013, KRW 80 million on May 24, 2013, and KRW 100 million on a total.

On May 24, 2013, the Plaintiff and the Defendant appropriated KRW 100 million for interest and partial principal, and made the remainder to KRW 147 million with interest and KRW 36% per annum and the due date on June 24, 2013, and agreed that the remainder shall be appropriated for repayment in the order of interest and principal (hereinafter “the first agreement”).

On May 24, 2013, the Defendant set up a right to collateral security regarding the land of the Gunpo-si with a maximum debt amount of KRW 150 million in order to secure the Plaintiff’s debt.

The Defendant paid 8 million won interest to the Plaintiff before May 19, 2014.

On May 19, 2014, the Plaintiff and the Defendant repaid KRW 60 million to the Plaintiff and agreed to cover the principal. Accordingly, on May 20, 2014, the Defendant repaid KRW 60 million to the Plaintiff.

On May 24, 2014, the Plaintiff and the Defendant concluded again with the following terms (hereinafter “instant second agreement”).

From May 24, 2013 to May 24, 2014, KRW 8 million out of the interest rate of KRW 2.5% per annum (30%) 4.1 million per annum was already paid to the Plaintiff by the Defendant, and KRW 33 million, which was reduced from KRW 36.1 million to KRW 3.1 million of the interest balance and KRW 27 million of the principal amount shall be appropriated for the above KRW 60 million.

The defendant shall pay to the plaintiff KRW 300,000,000 per month, which is the interest calculated by the ratio of 2.5% per month (30% per annum) from June 24, 2014 with respect to the principal amount of KRW 120,000,000, but if the defendant delays the payment of the above interest, the reduction of KRW 3.1 million shall be null and void.

The defendant did not pay interest under the second agreement of this case.

④ In the instant case of a compulsory auction for real estate (D) with respect to the land set forth in the foregoing paragraph, this Court, on August 5, 2015, distributes the amount of KRW 150 million to the Plaintiff, who is a mortgagee of a right to collateral security.

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