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(영문) 의정부지방법원고양지원 2016.10.27 2016가단74831
대여금
Text

1. The Defendant’s KRW 200,000,000 as well as annual 7% from May 14, 2014 to April 1, 2016 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim in the evidence Nos. 1 through 3, the same construction company loaned KRW 200 million to the Defendant on May 1, 2014 at the interest rate of 7% per annum and on October 30, 2014. The Defendant is recognized to have failed to pay the principal and interest of the loan to the same construction company. Meanwhile, the same construction company was decided to commence rehabilitation proceedings with the Chuncheon District Court 2016 Ma501, July 4, 2016, which was after the instant lawsuit was filed, and the Plaintiff was appointed through C and taken over the instant lawsuit.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 7% per annum under the agreement from May 14, 2014 to April 1, 2016, which is the delivery date of a copy of the instant complaint, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. As to the Defendant’s assertion, the Defendant provided the Plaintiff with an intention of KRW 4.2 billion in order to secure the above loan, and the Plaintiff’s claim is unreasonable since it attached to the real estate. However, even if the obligor provided sufficient collateral.

The lawsuit filed by the creditor cannot be deemed unfair in order to secure the title of debt for compulsory execution.

The defendant's argument is without merit.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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