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(영문) 의정부지방법원 2012.09.05 2011가단21785
부당이득금반환
Text

1. The Defendant’s KRW 54,780,365 as well as the Plaintiff’s annual rate of 5% from May 17, 2011 to September 5, 2012.

Reasons

1. Facts of recognition;

A. On December 29, 2006, the Plaintiff agreed to borrow KRW 200,000,000 from the Defendant as follows (hereinafter “the first-use agreement and the second-use agreement”).

A) Interest rate: The maximum debt amount of the right to collateral security on June 30, 2007: 1% per month shall be paid for the principal and interest unpaid after the six months of the maximum debt amount of the right to collateral security: 400,000,000 won; 2) according to the first-use agreement, each of the real estate listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) as joint collateral under the instant first-use agreement, and the remaining Government District Court of Namyang-ju Branch Office of the Republic of Korea (No. 162349, Dec. 29, 2006; 162349, Dec. 29, 2006, the establishment registration of the right to collateral security was completed for the establishment of the right to collateral security as the Defendant.

3) However, on July 30, 2007, the Plaintiff failed to repay the principal and interest of the loan at the due date stipulated in the first rental agreement of this case, and on which July 30, 2007, the Plaintiff again set up a collateral security (hereinafter “the second rental agreement and the second rental agreement of this case”) with the Defendant, setting aside the amount of damages for delay that have not been repaid, as the loan amount, the amount of which is KRW 100,000 with the maximum debt

4) According to the instant second-use agreement, the registration of establishment of a mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based joint collateral-mortgage-based joint collateral-mortgage-based land buildings owned by the Plaintiff was completed on December 23, 2008, the maximum debt amount of which was KRW 100,000,000,000, and the mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-based joint collateral-mortgage-based mortgage-based joint collateral-mortgage-based land buildings owned by the Plaintiff.

B. On June 2008, the Defendant filed an application for the auction of the real estate rent with the Jung-gu District Court D regarding each of the instant real estate, and the Defendant calculated at the rate of 12% per annum from June 30, 2007 to the date of full payment with respect to the leased principal, and the amount of delay damages calculated at the rate of 350,000,000 won with respect to each of the instant real estate.

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