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(영문) 서울중앙지방법원 2015.07.13 2015가단5019554
대여금
Text

1. Defendant A shall pay to the Plaintiff KRW 10,00,000 and the interest rate of KRW 20% per annum from May 17, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 14, 2013, Defendant A set the rate of KRW 750 million from the NA Savings Bank Co., Ltd. (formerly changed: hereinafter “Korea Financial Savings Bank”) at an annual interest rate of KRW 8.3% per annum, and received each loan by setting the amount of KRW 30 million at an annual interest rate of KRW 8.3%. On the same day, Defendant A created a collateral security (hereinafter “each of the instant buildings”) with respect to each of the instant buildings as indicated on the disposition (hereinafter “each of the instant buildings”) and its premises to secure the respective principal and interest obligations.

B. As the above Defendant delayed to repay the principal and interest of each of the above loans, Nonparty bank filed an application for voluntary auction as D with respect to each of the instant building and its site, and received a decision to commence the auction on July 2, 2014.

(hereinafter “instant auction procedure”). C.

On September 3, 2014, the Plaintiff acquired each of the above principal and interest of loan from the bank of Nonparty, notified the above Defendant on September 26, 2014, and was transferred on September 30, 2014.

In the instant auction procedure, on July 14, 2014, Defendant C acquired from Defendant B the remainder claim for construction price of KRW 150 million from Defendant B, which was KRW 88 million, and filed a report on the right of retention on each of the instant buildings, asserting that Defendant C was transferred a lien on each of the instant buildings.

[Reasons for Recognition] The facts without dispute, entry of Gap 1 and 6 evidence (including each number in the case of additional number), the purport of the whole pleadings

2. According to the facts found in the determination as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff 72,398,902 of the principal and interest of each of the above principal and interest of KRW 10,000,00, which is part of the interest of the 60-day contract from September 26, 2014 to November 24, 2014, and damages for delay calculated at the rate of 20% per annum from May 17, 2015 to the day of full payment, which is obvious that the delivery of a copy of the complaint is the day after the delivery of the copy of the complaint.

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