(영문) 서울동부지방법원 2014.10.13 2014가단9855

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(영문) 서울동부지방법원 2014.10.13 2014가단9855

대여금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 25,00,000 and the interest rate thereon from June 18, 201 to the date of full payment.

Reasons

1. As to the cause of claim

A. On May 18, 2010, the Plaintiff lent KRW 25 million to Defendant B, the due date for payment on August 18, 2010, KRW 200,000,000 to Defendant B with KRW 3% per month of interest rate, and delay damages rate on KRW 3% per month. Defendant C guaranteed Defendant C’s loan obligations. On the same day, Defendant C completed the registration of establishment of mortgage over the second floor D No. 30,000,000 maximum debt amount, and the Plaintiff’s creditor’s establishment of mortgage over the second floor D No. 30,000. (2) Defendant B did not fully repay the principal and interest of the loan. The Plaintiff applied for a voluntary auction based on the foregoing right to collateral security, and the said money was appropriated as interest and delay damages from May 19, 2010 to June 17, 2011.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

B. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 25 million borrowed and the damages for delay calculated at the rate of 30% per annum for the Plaintiff within the agreed overdue interest rate from June 18, 2011, as the Plaintiff seeks.

2. As to the defendants' assertion

A. 1) Defendant B transferred to the Plaintiff the claim 117,393,825 won against Defendant B for the repayment of the loan to the Plaintiff. As such, Defendant B extinguished the Plaintiff’s obligation to the Plaintiff. (2) The Defendants, while engaging in herb wholesalers, purchased red ginseng EX from the Plaintiff and supplied the amount of KRW 400 million to an enterprise operating the red ginseng manufacturing plant from Geumsan to the amount of KRW 450,000,000,000,000 to KRW 50,000,000,000,000 or KRW 100,000,000,000,00 was received in full, and did not distribute the amount of the goods to the Defendants, and the amount of the non-negotiable profits was at least KRW 25,500,000,000,000.

B. As to the claim 1 assignment of claims

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