logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2015.09.16 2014가단9171
대여금
Text

1. The defendant shall pay 34,415,250 won to the plaintiff and 25% per annum from November 26, 2010 to the day of complete payment.

Reasons

1. Basic facts

A. On November 17, 2004, the Plaintiff extended a loan with a maturity of KRW 350 million on November 17, 2009, at the rate of KRW 12% per annum, and at the rate of delay interest rate of KRW 25% per annum (hereinafter “first loan”). In order to secure the Defendant’s obligations arising from the current and future credit transactions, including the primary loan obligations against the Plaintiff, the Plaintiff was established as a collateral security right (hereinafter “first collateral security right”) with respect to the land owned by the Defendant, B, Asan-si, Asan-si, B, 27669 square meters, and four lots (hereinafter “B real estate”).

The first loan became a substitute loan on November 17, 2009, and the due date was changed on November 17, 2010, and the interest rate was changed to 9% per annum.

B. On November 24, 2005, the Plaintiff extended a loan with a maturity of KRW 350 million on November 17, 2009, at the rate of 12% per annum, and at the rate of delay interest rate of KRW 25% per annum (hereinafter “second loan”). On November 24, 2005, the Plaintiff was set up a right to collateral security (hereinafter “second collateral security”) with respect to the amount of KRW 560 million against the maximum debt amount of KRW 22152 square meters (hereinafter “D real estate”).

C. On August 22, 2008, when the Defendant delayed the payment of interest on the secondary loan, the Plaintiff was issued a provisional attachment order (Sacheon District Court Decision 2008Kadan4528, Daejeon District Court Decision 2008Kadan4528) with regard to the 7240m2 and 780m20m2 (G real estate) in Chungcheongnam-nam Budget-gun, Chungcheongnam-do, the Defendant owned as the preserved claim for the secondary loan.

The plaintiff applied for the second auction of real estate (the second auction) on the basis of the right to collateral security (the Daejeon District Court's Incheon District Court's H and I (the second auction; hereinafter referred to as "the second auction"), and demanded the distribution of principal and interest of the second loan (the principal amount of KRW 372,717,198, 79,315) at the first auction (the principal amount of KRW 79,829,829,823 on October 8, 2009). However, the plaintiff received only dividends of KRW 369,829,829,829,823 in the order of principal and interest pursuant to the rules on overdue installment and overdue loan management, and as a result, the second loan became the interest amount of KRW 82,236,690 (the interest amount of KRW 452,06,513 won - 369,829,823).

E. The plaintiff on November 17, 2009 B.

arrow