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(영문) 서울중앙지방법원 2014.08.22 2013가합93802
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 2,544,043,415 and interest rate of KRW 25% per annum from January 7, 2012 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) Loans extended on March 20, 2009 (hereinafter “first loan”) dated March 20, 2009

(A) A) On March 20, 2009, B loaned KRW 2.5 billion to the Defendant on March 20, 2009, 2.2% per annum of interest, 25% per annum of interest, and due date of repayment as of January 19, 2010.

At the time, B paid only KRW 2 billion to the Defendant after deducting KRW 500 million as the interest during the lending period (10 months).

B) The Defendant, as security for the above loan to B on the same day, shall have 5 floors among the above 3 lots of ground buildings owned by the Defendant, Sungnam-si, Sungnam-si, Sungnam-si (hereinafter “instant building”).

As to the maximum debt amount, the right to collateral security of KRW 3.25 million (hereinafter “instant right to collateral security”) shall be deemed as having been established.

(2) On May 28, 2009, the loan (hereinafter “second loan”) B, on May 28, 2009, lent KRW 670 million to the Defendant on May 28, 2009 as interest monthly and due September 30, 2009. At that time, B paid only KRW 61,467 million to the Defendant after deducting KRW 5,5330,000 as interest during the lending period and deducting KRW 5,5330,000 as interest during the lending period. B) and the Defendant extended the repayment period of the above loan to December 30, 2009 and changed the overdue interest to 25% per annum, and thereafter extended the repayment period to January 30, 2010.

3) Loans extended on January 30, 2010 (hereinafter “third-party loans”)

B) On January 30, 2010, B entered into a quasi-loan agreement with the Defendant on the three-month interest rate of KRW 185 million for the first and second loans (i.e., KRW 35 million for the second loans of KRW 150 million), with interest rate of KRW 2% per month, overdue interest rate of KRW 25% per annum, and due date of payment on April 30, 2010; iv) B applied for voluntary auction of the instant building on the basis of the instant collateral security (U.S. District Court subsidiesD) and the transfer of claims to the Plaintiff on February 24, 2011. B applied to the Plaintiff on April 11, 2011 at the annual rate of KRW 250,500,000 for the second loans of KRW 150,000,000 for the second loans of KRW 250,000,000 for the second loans of KRW 251,2510.

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