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(영문) 수원지방법원 2020.10.15 2019가단573080
대여금
Text

The defendant shall pay to the plaintiff the amount of KRW 35,948,207 and KRW 26,379,714 from October 30, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 30, 2014, the Plaintiff loaned KRW 50,000,00 to C with interest rate of KRW 3% per month and due date of repayment on August 22, 2014. However, the Defendant: (a) a monetary loan contract under which C bears joint and several obligations for borrowed money (hereinafter “the instant monetary loan contract”); and (b) a contract under the same terms and conditions as the instant monetary loan contract was entered into; and (c) a joint and several surety B’s name as at the end of the instant monetary loan contract was affixed with the Defendant’s seal impression attached thereto; and (d) the Defendant’s personal seal impression issued on May 30, 2014 by the Defendant himself is attached to the instant monetary loan contract.

B. On May 30, 2014, the Plaintiff leased KRW 50,000,00 to C pursuant to the instant monetary loan agreement. To secure this, the Plaintiff completed the registration of Daejeon District Court as to the Seo-gu Daejeon apartment E (hereinafter “instant apartment”) owned by the Defendant, and the registration of establishment of a collateral security (hereinafter “instant collateral security”) established as a contract concluded on May 30, 2014, with the maximum debt amount of KRW 60,000,000,000, the obligor C, the person holding the right to collateral security, the Plaintiff, and the cause thereof, as of May 30, 2014.

C. Meanwhile, on the other hand, on January 27, 2015, with respect to the instant apartment upon the Plaintiff’s application, the procedure for the voluntary auction of real estate (hereinafter “instant auction procedure”) was initiated with the Daejeon District Court F, and on October 29, 2015, the Plaintiff received distribution of KRW 35,298,368 (==23,620,286 ( principal)) on the date of distribution of the instant auction procedure.

As of October 29, 2015, when the principal amount of KRW 23,620,286, out of the principal amount of KRW 35,298,368, which was distributed to the Plaintiff as above, is appropriated for KRW 50,00,00,00 of the leased principal under the monetary loan agreement of this case (=50,000,00-23,620,286), the principal amount remains (=50,000,000-23,620,286), and the interest amount of KRW 11,678,082, which was distributed to the Plaintiff, was accrued from May 30, 2014 until October 29, 2015, which was the date of distribution.

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