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(영문) 대구지방법원 포항지원 2018.09.13 2018가단1955
부당이득금금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 20, 2008, the Defendant entered into a loan agreement with B to grant a loan of KRW 175 million at a maximum interest rate of 18% per annum. At the time, the Defendant completed the registration of the establishment of a neighboring building, which is the debtor, as the Daegu District Court Branch of the Daegu District Court on October 22, 2008, with respect to the building with a size of 168.5 square meters and its ground (hereinafter “each of the instant real property”).

B. On August 29, 201, the Plaintiff purchased each of the instant real estate on August 29, 201, and completed the registration of change of the right to collateral security (hereinafter “instant right to collateral security”) with the purport of finally accepting the collateral security debt under the preceding paragraph on September 2, 201 and changing the debtor of the said right to the Plaintiff on the same day.

C. On February 3, 2017, the Defendant filed an application for voluntary auction based on the instant right to collateral security (D) with the Daegu District Court Branch Branch Branch (D), and the said court rendered a decision to commence voluntary auction based on each of the instant real estate on February 3, 2017.

In the auction procedure under the preceding paragraph, the Defendant received dividends of KRW 225,034,850,000,000,000 as principal and KRW 175,000,034,850,00,000,000,000.

[Ground of recognition] Facts without dispute, entry of Gap 3 and 4 evidence, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Around September 2016, there was an earthquake that occurred in the racing-si around September 2016, and the earthquake occurred at the port around November 2017.

The plaintiff, the owner of each real estate of this case, suffered a lot of damages from the above earthquake, and the port area also became a special disaster area.

Considering these circumstances, the Defendant is obliged to reduce or exempt interest on the Plaintiff, and the Defendant is obligated to return to the Plaintiff part of the interest amount of KRW 35 million.

B. We examine the judgment, and the circumstance alleged by the Plaintiff does not necessarily mean that the Defendant bears the obligation to reduce or exempt part of the Plaintiff’s loan obligations, and the Defendant’s principal and interest in the instant auction procedure.

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