(영문) 대전지방법원 2020.02.04 2019나101760

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Reasons

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자간(%)

(영문) 대전지방법원 2020.02.04 2019나101760

청구이의

Text

1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the part below the 8th 9th 8th d. of the judgment of the court of first instance is written; and (b) the calculation table of principal and interest (attached Form 1) is replaced by the calculation table of principal and interest, in addition to the replacement with the calculation table of principal and interest, the reasons for the judgment of the court of

2. The Plaintiff’s side paid off and designated the deficit. The Plaintiff’s side paid off and appropriated the deficit.

Inasmuch as there is no reason to view that the Defendant appropriated the amount repaid by the Plaintiff with the agreement with the Plaintiff, the amount remaining after appropriating the interest on the loan up to August 17, 2015 pursuant to Articles 477 and 479 of the Civil Act (i) was appropriated to the interest on the loan up to that time pursuant to the notarial deed No. 3552, which was before the execution of the notarial deed No. 48000, which was before the execution of the notarial deed, and (ii) was appropriated to the interest on the loan up to September 14, 2015, the amount remaining after appropriating the interest on the loan up to that time shall be appropriated to the principal on the notarial deed No. 4800, Nov. 3, 2015; and (iii) was appropriated to the interest on all the loan after the expiration date in order of the maturity date; and (iv) was appropriated to the principal on the notarial deed No. 4800, Nov. 3, 2015).

The borrowed amount based on the notarial deed No. 4800 and the notarial deed No. 552 shall be all extinguished by repayment, and the debt based on the notarial deed No. 3552 shall be the principal 15,103,558 won and the delayed interest rate of 25% per annum from June 8, 2016 to the date of full payment.

Therefore, the Defendant’s compulsory execution based on the notarial deed No. 4800 and 5552 against the Plaintiff shall not be permitted, and compulsory execution based on the notarial deed No. 3552 shall not be permitted only to the portion exceeding the rate of 25% per annum, which is the interest rate for delay from June 8, 2016 to the date of full payment.

3. The plaintiff's conclusion

참조조문

-민법 제477조

-민법 제479조

-민사소송법 제420조

유사 판례

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