(영문) 서울중앙지방법원 2015.01.29 2013가합47090

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(영문) 서울중앙지방법원 2015.01.29 2013가합47090

대여금 반환

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1. The Plaintiff:

A. The Defendants are jointly and severally and severally liable for KRW 129,716,66 and KRW 90,500,000 among them.

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion is as follows, and the Plaintiff seeks payment of the amount stated in the claim against the Defendants jointly.

1 The Defendants are attached from the Plaintiff.

1. As indicated in the loan list, ① from July 18, 200 to October 22, 2003, a sum of KRW 58,579,480 with respect to the loan amounting to KRW 58,579,480 from July 18, 2003 to October 13, 2004, ② from November 5, 2003 to October 13, 2004, with respect to the “Iel” located in Young-si and H (i) KRW 277,137,000 in total (i.e., the loan amount of KRW 113,00,000,000 from November 5, 2003 to February 6, 2004 to KRW 164,137,007,000 to October 13, 204); and (ii) KRW 7537,784,758,7584,757,7

2. Attached Form C owned by Defendant C to secure the Defendants’ above loan obligation against the Plaintiff.

2. The registration of creation of a mortgage in the name of the Plaintiff was completed on the real estate stated in paragraph (1) of the real estate list. However, the Plaintiff was paid KRW 50,000,000 to the Plaintiff at a voluntary auction procedure (Seoul Central District CourtJ). Defendant B paid KRW 100,000 to the Plaintiff for the repayment of the above loan obligation against the Plaintiff.

3) Therefore, the Defendants are jointly and severally and severally liable to the Plaintiff to pay 185,716,480 won of the remainder of the borrowed principal (=35,716,480 won - 50,000,000 won - 100,000 won) and interest rate of 80,477,141 won per annum from October 13, 2004 to June 12, 2013, calculated at the rate of 5% per annum 26,193,621 won (= 185,716,480 won) and from among them to 80,716,480 won of the borrowed principal to 185,716,480 won, damages for delay calculated at the rate of 20% per annum 160,616,480 of the instant complaint to 185,716,480 won of the Plaintiff’s claim for damages for delay.

(b) The following facts of recognition are disputed between the Parties:

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