(영문) 의정부지방법원 2019.07.16 2018나209684

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(영문) 의정부지방법원 2019.07.16 2018나209684

유체동산인도

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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

1..

Reasons

1. Basic facts

A. On September 24, 2012, the Defendant: (a) borrowed KRW 300 million from the Plaintiff; (b) agreed that interest shall be paid at 18% per annum on the last day of each month from October 31, 2012; and (c) principal shall be paid at KRW 100 million on December 30 of each year from December 30, 2017 to December 30, 2019.

B. In order to secure this obligation, the Defendant prepared a notarial deed that transfers ownership of the movable in the separate sheet (hereinafter “instant movable”) to the Plaintiff by means of possession amendment.

[Notarial Deed was prepared by D, the Defendant’s wife, on behalf of the Defendant, with the Plaintiff. The Defendant asserted that D did not have the right to represent the Defendant. However, according to the entry of A1 (notarial Deed), it can be recognized that the notary public at the time recognized D as having the right of representation by verifying the power of representation attached to the Defendant’s personal seal impression. Thus, the Defendant’s assertion is rejected).

In a notarial deed, “if the payment of agreed amount has been delayed three times or more,” the Defendant lost the benefit of time without any other notification or peremptory notice from the Plaintiff, and immediately repaid all of the remainder of the debt (Article 6 subparag. 3 of the Notarial Deed), and when the Defendant requested the Plaintiff to deliver the movables of this case for reasons such as non-performance of the obligation, etc., the Defendant agreed to immediately deliver the movables of this case to the Plaintiff without any objection (Article 13 of the Notarial Deed).

Since January 2016, the Defendant did not pay the interest or principal of the above loan to the Plaintiff “directly”.

[Grounds for recognition] 1-3, the purport of the whole pleadings

2. Assertion and determination

A. The main point of the Plaintiff’s assertion is that the Defendant has lost the benefit of time by delaying the payment of the agreed interest and principal three times or more, and thus, the Defendant shall deliver the instant movable property to the Plaintiff.

B. Summary of the Defendant’s assertion from October 31, 2012 to January 2016.

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