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(영문) 대전지방법원 2019.11.21 2019재나1059
청구이의
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

The following facts, which have become final and conclusive in the judgment subject to review, are apparent in records or significant in this court:

On July 8, 2009, the Plaintiff established the right to collateral security on the real estate owned by the Plaintiff and obtained a loan of KRW 150,000,000 from the Defendant as collateral (hereinafter “instant loan agreement”), and around September 23, 2014, the procedure for the auction of real estate rent C with the Daejeon District Court Support C was commenced upon the Defendant’s application on September 23, 2014.

Decision Provisions

1. The plaintiff (the plaintiff of this case) shall pay to the defendant (the defendant of this case) the overdue interest rate of 12% per annum from January 20, 2014 to the day of full payment of the principal amount of 150,000,000 won of the loan of this case within seven days from the date when the compulsory adjustment decision of this case became final.

2.(a)

If the Plaintiff fully performs the matters set forth in paragraph (1), the Defendant shall be exempted from the remainder of the principal of the loan under paragraph (1) from January 20, 2014 to the date of full payment, and shall convert the loan into a normal loan in accordance with the basic terms and conditions of credit transaction, as well as implement the procedure for withdrawing the application for auction of the real estate deposit C with the Daejeon District Court of Daejeon District for the auction of the real estate deposit

B. In the event that the Plaintiff fails to perform all the matters set forth in paragraph (1), the Plaintiff shall pay to the Defendant the amount of KRW 178,507,232 and the amount of KRW 150,00,00 among them, 15.91% per annum from April 1, 2015 to April 15, 2015, and 20% per annum from the following day to the date of full payment.

3. The plaintiff's remaining principal claim and the defendant's remaining counterclaim are waived.

On the ground that the Plaintiff did not have due date upon the request for extension of the term of loan, the Plaintiff filed a lawsuit of objection against the claim No. 2014Gadan22303, which was the Daejeon District Court’s 2015Gadan5718, and the Defendant filed a counterclaim to seek the payment of the principal and interest of loan under the instant loan agreement with the same court. On June 4, 2015, a decision in lieu of conciliation became final and conclusive as follows.

(hereinafter “instant compulsory adjustment decision”). At the time of the instant loan agreement, the loan agreement was made.

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