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(영문) 부산지방법원 동부지원 2018.04.26 2017가단6322
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 221,281,363 and KRW 76,702,916 among them, from April 5, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff set a delayed interest rate of 15% per annum to the Defendant and granted a loan as indicated below.

(Calculation Date) Interest on the remaining principal of the loan due date on September 8, 2010, 075,764,764,727 won on September 8, 201, 201, totaling 75,764,764,727 won on November 15, 2011; 20,000,00 won on 13,064,792 won on 33,064,792 won on 74,792 won on 3,062,33,064,792 won on 3,50,50,500 won on 15, 2011; 75,647,65,64,675,64,675,665,64,67,6566, Nov. 15, 2011;

B. On September 8, 2009, with respect to the Plaintiff, Busan Shipping Daegu Building 101, 1001 (hereinafter “B”), the Defendant created the right to collateral security (hereinafter “B”) with a maximum debt amount of KRW 300 million, and additionally created the right to collateral security (hereinafter “the maximum debt amount”) with respect to the same real estate on March 2, 201.

C. On March 2011, the bankruptcy trustee in the bankrupt savings bank, a creditor of the defendant, filed a lawsuit seeking revocation of a fraudulent act by deeming that it constitutes a fraudulent act by additionally establishing a collateral security against the plaintiff et al., and the plaintiff appointed an attorney-at-law and rejected the lawsuit but lost.

With respect to B, the National Bank, the mortgagee of the right to collateral security, and the Gyeongnam Bank, filed an application for a voluntary auction on September 2012, 2012, Busan District Court Support C and D (Duals) with the Busan District Court, Dong Branch C, and the Plaintiff apportioned the maximum debt amount of KRW 300 million on May 27, 2014, and appropriated part of the loan claims against the Defendant.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the Plaintiff’s cause of claim, the Defendant shall pay to the Plaintiff the amount of KRW 221,281,363 total of the principal and interest of the remainder and KRW 76,702,916 of the remainder of the principal and interest of the Plaintiff at the rate of 15% per annum, which is the delayed interest rate from April 5, 2017 to the date of full payment.

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