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(영문) 인천지방법원부천지원 2016.05.11 2016가단5957
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,11,150 and the interest rate of KRW 15% per annum from February 20, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On January 21, 2010, the Plaintiff lent KRW 290,000 to the Defendant, and entered into a loan agreement with the Defendant as set forth on January 21, 201, with the interest rate of KRW 10.4% per annum, interest rate of delayed damage rate of KRW 2.4% per annum, and date of expiration of the credit.

B. At the time of the conclusion of the above loan contract, the Defendant offered the above apartment B apartment Nos. 11 and 102 owned by the Defendant as collateral. On the same day, the Plaintiff completed the procedure for the registration of the creation of the right to collateral security with the debtor as the defendant.

C. The Defendant did not pay the interest and principal under the above loan agreement, and the Plaintiff filed an application for the auction of real estate rent with the Suwon District Court in Ansan Branch C based on the instant collateral security, and the Plaintiff filed an application for the auction of real estate rent with the above court for the said auction procedure with the claim amounting to KRW 290,00,000,00, interest amounting to KRW 5,123,068, interest amounting to delay damages (interest on delay), and KRW 59,134,064, interest amounting to KRW 4,532,80.

On July 29, 2011, the Plaintiff received 310,276,911 won in the above voluntary auction procedure, and received 4,151,280 won in the execution cost, etc. and 250,591 won in the auction refund.

E. On July 29, 201, the Plaintiff designated and appropriated the provisional payment of KRW 4,532,80, the principal of KRW 290,000,000, interest of KRW 5,123,068, delay damages (interest on delay) in the order of KRW 47,160,59,086,90, respectively.

Accordingly, the plaintiff's claim against the defendant remains 4,11,150 won as of December 17, 2015.

[Ground for recognition] In full view of the facts without dispute between the parties, the statements in Gap evidence Nos. 1 through 5, the purport of the entire pleadings, and the above facts of determination, the defendant is obligated to pay to the plaintiff 4,111,150 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 20, 2016 to the date of full payment following the delivery of a copy of the complaint of this case to the defendant after the above repayment, unless there are special circumstances.

As to this, the defendant.

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