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(영문) 서울서부지방법원 2015.10.30 2015가단202998
대여금
Text

1. The defendant shall pay to the plaintiff KRW 81,082,214.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Judgment on the plaintiff's assertion

A. On June 17, 201, the Plaintiff loaned 580,000,000 won (the general household funds (the loan subjects) to the Defendant at the interest rate of 6.7% per annum, 18.5% per annum, 18.5% per annum, and repayment date on June 17, 2016, the Plaintiff set up a right to collateral security on each real estate with respect to the land and building located in Yongsan-gu Seoul, Yongsan-gu, Seoul as collateral, with the intention to receive the land and building located in Yongsan-gu, Seoul as collateral. 2) The Plaintiff filed an application for a voluntary auction of real estate with the Seoul Western District Court D as to the secured real estate as the Defendant did not pay interest.

3) Upon receipt of a request to postpone an auction procedure from the Defendant on February 7, 2013, the Plaintiff loaned KRW 5,00,000 to E at an annual interest rate of KRW 6.5%, annual interest rate of KRW 18.5%, annual interest rate of delay damages, and February 7, 2014 due to repayment date, and filed an application for the extension of the auction cost with the court of auction. 4) The Plaintiff filed a report on the total amount of KRW 827,45,574, including the principal and interest amount of KRW 584,989,89,894, interest amount of KRW 242,45,680, as the amount of credit during the auction procedure continued after the lapse of the auction procedure. On August 13, 2014, the Plaintiff received dividends of KRW 754,000,000,000 as the maximum debt amount as the applicant creditor and the mortgagee, and the Defendant subsequently withdrawn the Plaintiff’s objection to the amount of interest.

5) The Plaintiff appropriated 760,660,380 won in total of dividends, 207,417 won in balance of the Defendant’s deposit and withdrawal account amounting to 14,200 won in service charges and 580,000 won in loan principal, 90,989,230 won in interest, 84,237,826 won in interest, 248,67 won in interest, and 5,406,274 won in interest for processing auction expenses, and the amount of credit against E for processing auction expenses (loan principal amounting to 4,989,894,894, interest264, 860 won in interest, 151,520 won in interest payment, 81,41,520 won in interest payment, respectively, on September 25, 2014 and November 25, 2014: The purport of the Plaintiff’s pleading as to the remainder of each final interest payment, 8164,41, and 14

B. According to the above facts of determination, the defendant's interest in arrears amounting to KRW 81,164,414, which the plaintiff seeks from 81,082,214.

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