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(영문) 서울서부지방법원 2019.03.20 2018가단233979
대여금
Text

1. The counterclaim defendant shall pay to the counterclaim 79,949,580 won and 70,000,000 won from February 6, 2006.

Reasons

1. Basic facts

A. 1) The counterclaim Defendant: (a) owned the land in Seodaemun-gu, Seoul (hereinafter “instant land”); (b) removed the previous building; and (c) newly built a multi-household on the said land (hereinafter “new building”) on September 20, 2001; (b) concluded a comprehensive collateral security contract with the counterclaim Defendant on the security of the relevant claim (hereinafter “instant mortgage contract”); and (c) completed the registration of establishment of the collateral security contract with the maximum debt amount of KRW 70 million on July 24, 2002, and the maximum debt amount of KRW 28 million on December 1, 2003, with the registry of the previous building already destroyed.

3) On December 5, 2003, the counterclaim Defendant entered into a loan transaction agreement with the Counterclaim Plaintiff and the 70 million won of loans with the Counterclaim Plaintiff on December 5, 2003, setting the due date of reimbursement of KRW 50 million on December 5, 2006, interest rate of KRW 8% per annum, and interest rate of KRW 20% per annum on delay damages (hereinafter “instant loan agreement”).

B. B. The decision to commence the auction of the instant land was made on January 2, 2006 upon the application for auction for the exercise of the security right by the Counterclaim Plaintiff. The auction procedure was conducted in duplication with the compulsory auction procedure commenced first upon the application of D, the creditor of the Counterclaim Defendant.

2) In the above auction procedure, E purchased the instant land on December 19, 2006 and completed the registration of ownership transfer. On February 14, 2007, KRW 173,306,542 out of the purchase price of the instant land was paid 100% of the dividend ratio to Seodaemun-gu Seoul Special Metropolitan City and the Lessee, a mortgagee, and 17.29% of the dividend ratio to the other nine general creditors, respectively. The amount of the instant claim as of February 5, 2006 is KRW 79,949,580 (the principal interest interest of KRW 70 million) (the principal interest of KRW 99,949,580). The amount distributed to the Lessee as a mortgagee is the principal amount of KRW 94,256,430 million (= the principal amount of KRW 70 million and interest of KRW 24,256, May 24, 256.

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