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(영문) 의정부지방법원고양지원 2019.02.13 2018가단5273
대여금 등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 76,684,554 as well as 30% per annum from September 4, 2015 to the date of full payment.

Reasons

1. On February 18, 2014, the Plaintiff leased KRW 180,00,00 to Defendant B at an interest rate of KRW 2.5% per month, and on March 19, 2014, the maturity date for reimbursement, the Plaintiff completed the registration of creation of a collateral security (hereinafter collectively referred to as “instant collateral security”) with respect to the high-sea-si D land and its ground buildings owned by Defendant B (hereinafter collectively referred to as “instant real estate”). At the time, Defendant C jointly and severally guaranteed the said obligation.

On October 23, 2014, the Plaintiff applied for the auction of real estate rent to E in this court on the instant real estate (hereinafter “instant auction procedure”) and withdrawn the said auction by receiving KRW 30,000,000 from Defendant B on June 23, 2015, and withdrawn the said auction on June 26, 2015. On September 3, 2015, the Plaintiff received KRW 100,000,000 from Defendant B and revoked the registration of the establishment of the instant neighboring real estate registration.

[Ground of recognition] Facts without dispute, Gap 1 to 6 evidence (including branch numbers) and the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s determination on the cause of the claim is that the amount repaid by Defendant B was appropriated in sequence for the principal and interest of the loan as follows.

(1) The period during which interest is fully appropriated for the interest from October 18, 2014 to June 23, 2015: 180,000,000 x [(0.3 x (249/365)] x 36,838,356 x (180,000,000, the balance of interest, 6,838,3562. 6. 20,00,000, 60,000,000, 00,000: 7. x 96. 8. 5 x 9. 6. 20, 206, 200,00: 7. 5 x 9. 6. 5 x 7. 20,000,000 won; 7,280,000 won until June 26, 2015 x 3. 196. x 5 x 5. x x 7. x 5. x x 5. x x x x 7. x x 5 x x 16. x x 8. ;

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