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(영문) 서울중앙지방법원 2017.09.13 2017가단42249
양수금
Text

1. The defendant shall pay to the plaintiff KRW 50,122,286 and KRW 45,173,860 among them, per annum from March 11, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence No. 1-10 evidence as to the cause of the claim, the Plaintiff loaned KRW 500 million to the Defendant on February 13, 2013 by setting the loan period as August 13, 2014, interest rate of delay 16.75%, and lump-sum repayment, etc. under the general loan. ② The Nonparty bank transferred the above principal and interest of loan to the Plaintiff on June 30, 2014, and gave notice procedures around that time. ③ The Plaintiff recovered three times after the Seoul East East District Court’s auction procedure for real estate deposit, and paid the principal and interest of the loan to the Plaintiff on March 10, 2017, the Plaintiff still remains as indicated in the following table.

The principal of the interest on the amount of the provisional payment collected on July 1, 2016 (the principal of the remaining principal) shall be 53,258,150 won 5,572,230 won 195,460,263 won 452,225,657 won (47,106,717 won) - 86,470 won - 86,470 won - 1,932,857 won (45,173,860 won) - 192,730 won -192,730 won (45,173,860 won) - 192,730 won on August 17, 2016.

2. The defendant's assertion argues that ① the defendant suffered damages due to the plaintiff's unilateral compulsory execution, and the defendant's delay in the auction procedure that is not responsible to bear damages for delay from the successful bid price to the payment of dividends, and ② The rate of damages for delay in the contract of this case is 9% per annum, and thus, the plaintiff's claim cannot be complied with.

According to the above evidence: (a) on July 2, 2014, the non-party bank exercised the right to collateral security with the claim of this case as the secured claim; and (b) on July 1, 2016, the Plaintiff received dividends through the auction process for real estate rent B by the Seoul Eastern District Court; and (c) on December 8, 2014, the non-party bank Lbato Co., Ltd. (hereinafter “non-party company”) on the first sale date.

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