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(영문) 수원지방법원여주지원 2016.01.14 2015가단7215
대여금
Text

1. The Defendant’s KRW 51,804,858 as well as the Plaintiff’s KRW 20% per annum from July 15, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff determined the interest rate of 24% per annum on January 25, 2013 and lent KRW 10 million to the Defendant, KRW 1 million on February 12, 2013, KRW 4 million on February 27, 2013, and KRW 6 million on February 27, 2013.

(hereinafter “instant loan”) b.

(1) On June 21, 2005, the Defendant completed the registration of ownership transfer as to the shares of 6347/9917 square meters (hereinafter “instant real estate”) out of 9917 square meters of Gyeonggi-gu Forest Forest Land, Gyeonggi-do on the ground of sale and purchase.

To secure the instant loan claims, the Plaintiff completed the registration of creation of a neighboring mortgage on April 18, 2013 on the instant real estate on the ground of the contract to establish a contract on April 16, 2013, the maximum debt amount of which is eight million won, and the debtor completed the registration of creation of a neighboring mortgage on the Defendant.

(hereinafter “instant collateral security”). C.

(1) On August 6, 2014, when the Plaintiff filed an application for voluntary auction on the instant real estate with Suwon District Court credit branch D for the repayment of the secured debt of the instant right to collateral security, the said court rendered a decision to commence auction on August 6, 2014, and the registration of the decision to commence auction was completed on August 6, 2014.

(2) On June 17, 2015, the execution court prepared a distribution schedule stating that the amount of KRW 41,374,320 shall be distributed to the Plaintiff on June 17, 2015, and the Plaintiff was paid dividends.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 (each of the above written statements by the defendant, the defendant's assertion that the above written statements have no effect on the plaintiff's coercion, but there is no evidence to prove that each of the above written statements was prepared by the plaintiff's duress, and it is not naturally null and void on the ground that it is a juristic act based on duress, and the defendant's above argument does not have merit without need for further review), evidence 1-2, 2, 3, 5, and 6, and the purport of the whole oral argument.

2. Determination

A. According to the reasoning of the judgment on the cause of the claim, the Plaintiff’s interest rate is set at 24% per annum to the Defendant as 1 million won on January 25, 2013, KRW 10 million on February 12, 2013, and KRW 10 million on February 12, 2013.

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