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Reasons
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(영문) 서울고등법원 2017.11.24 2017나2046005
대여금 등
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. On December 23, 201, the Plaintiff lent KRW 230,000,00 to the Defendant, who is an employee retired, on which December 23, 2011: (i) the Defendant paid KRW 3,833,333 on the 25th day of each month from January 2014 to December 2018; and (ii) the Defendant paid interest free of charge or delay damages at the rate of 25% per annum if the Defendant complies with the above repayment period; and (iii) the obligor agreed to lose the benefit of time and immediately pay the remainder at once when the repayment is delayed twice or more.

B. On January 26, 2012, the Plaintiff was granted a pledge on 5,610 shares issued by the Defendant as security for the said loan.

C. Around October 2014, the Defendant agreed to take over 230,000,000 won of principal debt among the Defendant’s loan debt and joint and several sureties, which is a company selling alcoholic beverages that the Defendant worked as the vice president (hereinafter “B”), and the Plaintiff, the Defendant, and the Defendant agreed to take over 230,000,000 won.

In order to secure the claim against B for the transaction, the Plaintiff created a right to collateral security on the size of 69 square meters prior to D, Gangdong-gu Seoul Metropolitan Government, which was owned by B, and B did not repay the transaction obligation to the Plaintiff on December 2014, and on February 4, 2015, B applied for a voluntary auction (Seoul East District Court) based on the above right to collateral security (Seoul East District Court) with the claim amounting to KRW 410,66,231, including the above KRW 230,00,00,000, which was acquired from the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 1, 4, 5, Eul evidence 9, the purport of the whole pleadings

2. The judgment on the cause of the claim shall, barring special circumstances, pay to the Plaintiff the amount of KRW 230,00,000 as borrowed and the delay damages calculated at the rate of 25% per annum per annum from January 26, 2014, which is the delivery date of the original copy of the instant payment order, from January 26, 2014 to August 10, 2016, and from the next day to the date of full payment.

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