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Reasons
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(영문) 서울중앙지방법원 2014.07.07 2013가단5135872
대여금
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1. The Defendant’s KRW 50,000,000 and its amount are 5% per annum from January 9, 2003 to April 29, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 23, 2002, the Plaintiff lent to the Defendant the instant loan amounting to KRW 50 million (hereinafter “instant loan”) without fixing the period for repayment.

B. From May 21, 2002 to January 8, 2003, the Defendant paid the Plaintiff KRW 370,000 to KRW 450,00 per month interest of the instant loan.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the plaintiff's claim, since the amount exceeds 5% per annum that the plaintiff claims interest or delay damages on the basis of the minimum amount of interest paid by the defendant to the plaintiff, 370,000 won per annum, the defendant is obligated to pay to the plaintiff the interest or delay damages calculated at the rate of 50,000 won per annum from January 9, 2003 to April 29, 2013, which is the day following the day when the defendant finally paid the interest to the plaintiff, and 5% per annum from the day after the day when the original copy of the payment order of this case was served to the defendant, and 20% per annum from the day after the next day to the day of full payment.

B. (1) The summary of the Defendant’s assertion (A) where the Plaintiff attached the real estate owned by the Defendant (hereinafter “instant real estate”) to an auction, the Plaintiff was awarded a successful bid in the name of a third party and subsequently sold the instant real estate, thereby deducting the remainder from the loan amount of KRW 50 million, and the Defendant consented thereto.

After that, on June 28, 2004, the non-party C was awarded a successful bid of KRW 160,000,000,000, and sold the real estate to the third party for approximately KRW 260,000 after a year.

Although the successful bidder is C, the plaintiff transferred the difference between KRW 100 million and awarded a successful bid in the name of C.

Accordingly, the Plaintiff collected all of the instant loans.

(B) According to the statement of No. 3, Nonparty C, June 28, 2004, according to the judgment of the court below.

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