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Reasons
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(영문) 인천지방법원 2019.12.18 2019가단249472
대여금
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1. The Defendant’s KRW 16,003,194 as well as the Plaintiff’s KRW 24% per annum from July 24, 2019 to October 31, 2019.

Reasons

1. Facts of recognition;

A. On June 2, 2017, the Plaintiff: (a) lent KRW 220,00,000 to the Defendant at an interest rate of KRW 2% per month; (b) the date of payment of interest; and (c) the period of reimbursement on December 31, 2017; and (d) completed the registration of the establishment of a mortgage on the land outside Geumcheon-gu Seoul, Geumcheon-gu, Hongsung-gun, Hongsung-gun, with a view to securing the payment of the said loan, the Plaintiff completed the registration of the establishment of a mortgage over KRW 300,00,000 for

B. The Plaintiff filed an application for voluntary auction on each of the above real estate, as it did not receive any interest and principal from the Defendant, and received any dividend of KRW 54,253,697 on June 26, 2019 in the auction procedure for the Hongsung Military Real Estate and KRW 51,532,00,000 in C apartment, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of claim, if the Plaintiff’s loans are paid to the Plaintiff during each auction procedure as follows, the principal amount of KRW 16,407,713 remains.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal of KRW 116,03,194 as claimed by the Plaintiff within the scope of the remaining obligations, and the damages for delay calculated at the rate of 24% per annum from July 24, 2019 to October 31, 2019, which is the date of delivery of the copy of the complaint of this case, and at the rate of 12% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

The dividends of KRW 161,532,00 on June 26, 2019 x 24% x (25/365) x (25/365), 52,563 dividends of KRW 161,532,00 on June 26, 2019 - 52,315,00,000 - 5315,4632,00 won - 109,216,438 won - 167,684,437 - 220,000 won - 52,315,563 won , 563 won 23,54,672,972,976,976,9737,647,6364,675 -637,475 -647,675 -6375 -674,75 -747

B. The defendant's assertion

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