logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.28 2017가단5077318
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 78,086,479 and the interest rate of KRW 25% per annum from April 18, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On May 15, 2012, Hyundai Savings Bank set interest of KRW 350 million to the Defendant as 12.3% per annum and 25% per annum (23% per annum less than 3 months, more than 3 months but less than 6 months, less than 24% per annum, and more than 6 months and 25% per annum) and set up a collateral security interest of KRW 4550 million with respect to the maximum debt amount, Seoul Gangnam-gu and 104 Dong 1302.

B. Upon the Defendant’s delinquency in paying the principal and interest of the above loan, the said savings bank transferred the claim to a loan company with collateral security and notified the Defendant of the transfer thereof. On April 17, 2015, the said savings bank received 402,149,836, out of the total amount of KRW 480,236,315, including the principal of the loan and interest and delay damages up to 350,000,000 won at the Seoul Central District Court C real estate auction procedure with the above collateral security, and subsequently, received 402,149,836, out of the total amount of KRW 480,236,315, and appropriated for the payment of interest and principal in sequence.

C. On April 28, 2016, additional loans transferred the claims of the Plaintiff and notified the Defendant of the transfer on the same day on the same day. (52,149,836, Nov. 28, 2016>

【Facts without dispute over the grounds for recognition, Gap evidences 1 through 6, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Defendant’s obligation to pay the acquisition amount should be appropriated for payment in the order of expenses, interest, and originals when the obligor only performed any performance for which the entire obligation cannot be extinguished (Article 479 of the Civil Act). Therefore, it is reasonable to appropriate the remainder after first appropriating the dividend that the loan received at the above auction procedure to the interest (damage for delay). Therefore, the Defendant’s allocation of the remainder from the loan to the Plaintiff, who received the transfer of the claim that remains after appropriation of performance, as seen above, as well as the aforementioned dividend date.

arrow