logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.12.12 2018가단325291
대여금
Text

1. Defendant B’s interest rate of KRW 64,144,631 and KRW 54,00,00 among the Plaintiff shall be from August 24, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 16, 2010, the Plaintiff entered into a credit transaction agreement with Defendant B and carried out a loan.

Loan subjects: The loan period of KRW 60,000,000: The interest rate of 12 months: the overdue interest rate of the change rate: The overdue interest rate of Article 4 of the Agreement;

B. The subsequent loan period was extended every one year, and the last maturity was the maturity of March 20, 2018, and the amount of the loan was changed to KRW 54,00,000.

C. Defendant B did not pay interest, etc. on loans, thereby losing the benefit of time under a credit transaction agreement, and on August 23, 2018, the Plaintiff’s credit as of August 23, 2018, plus the principal amount of KRW 54,00,000, interest or overdue interest amount of KRW 64,144,631, and thereafter, the overdue interest rate is 15% per annum.

Defendant B completed the registration of ownership transfer on the ground of payment in kind on October 25, 2016 to the Busan District Court Seo- Branch of Busan District Court No. 3805 on October 26, 2016, and to Defendant C who is his father.

E. At the time of the registration of transfer of the above ownership, the above real estate (not less than KRW 49,00,000 at that time) was the only property of Defendant B, and the Defendant B was in excess of his/her liability because there were many persons including KRW 68,00,000 in the Industrial Bank of Korea and KRW 54,000 in the Plaintiff.

F. The said real estate was established with the right to collateral security, namely, E-mortgage Co., Ltd., the maximum debt amount of 24,000,000, but the Defendant C repaid the principal and interest of the secured debt amount of 20,028,459 on October 27, 2016, which was subsequent to the registration of ownership transfer, and cancelled the said right to collateral security.

G. The market value of the above real estate was KRW 51,00,000 at the time of the closing of the instant argument.

[Reasons for Recognition] Facts without dispute, Gap 1 through 10 evidence, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Defendant B is obligated to pay the Plaintiff the interest rate of KRW 64,144,631 and the principal of KRW 54,00,000,00 from August 24, 2018 to the date of full payment, calculated at the rate of 15% per annum from August 24, 2018, which is the day following the above calculation base date.

(b).

arrow