logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.12.20 2017가합18517
손해배상(기)
Text

1. The Defendant’s KRW 194,812,572 as well as the Plaintiff’s annual rate of KRW 5% from March 28, 2017 to December 20, 2017.

Reasons

1. Basic facts

A. Upon the Defendant’s request, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 600 million, the obligor, and the obligee’s National Agricultural Cooperative Federation, No. 2171, May 23, 2007, on the National Agricultural Cooperative Federation (hereinafter “Agricultural Cooperative Federation”), which was owned by the Plaintiff, with the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 2,936 square meters (hereinafter “instant land”). The Plaintiff borrowed KRW 500 million from the National Agricultural Cooperative Federation.

B. On August 20, 2010, the Defendant and D drafted a letter of confirmation that the Plaintiff received a loan from the NAF and the Defendant and D would jointly pay the principal and interest of KRW 500 million.

C. On July 17, 2008, Suwon District Court rendered a voluntary decision to commence the auction of the instant land E. As a result of appraisal, the value of the said land was KRW 377,1540,000.

On October 5, 2011, the instant land was sold in KRW 29724,00,000 from the above auction and the transfer registration of F was completed on October 12, 201.

E. On October 31, 2012, the Plaintiff received the D’s order of seizure and collection against the Republic of Korea, and received distribution of KRW 45,927,428 in the distribution procedure.

F. The Plaintiff received from the Defendant KRW 2 million on February 1, 2010, KRW 30 million on a monthly basis from February 28, 2010 to November 30, 201 of the same year, KRW 30 million on a monthly basis, KRW 1 million on November 25, 201, KRW 20 million on May 10, 201, and KRW 150 million on February 14, 2013, and KRW 565 million on May 2, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The plaintiff asserted that the plaintiff provided the land of this case as security upon the defendant's request and provided a loan of KRW 500 million to the defendant and the defendant and D agreed to assume the above loan and interest liable to the plaintiff. The plaintiff suffered losses from the loss of ownership of the land due to the illegal act such as delinquency in payment of the loan by the defendant, etc.

arrow