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(영문) 서울북부지방법원 2017.07.12 2016가단134041
양수금
Text

1. The Plaintiff:

(a) Defendant B shall pay KRW 107,920,552;

B. Defendant A is jointly and severally liable with Defendant B.

Reasons

Facts of recognition

On September 10, 2009, the Gyeonggi Solomon Savings Bank (hereinafter “Non-Party Bank”) determined and lent KRW 450,000,000 to Defendant A with interest rate of KRW 5.5% per annum, interest rate of KRW 5.5% per annum, overdue damages, 25% per annum, and credit period of “the maximum period of five years, but shall be extended every one year.”

Defendant B provided joint and several sureties with respect to the above loans on the same day, and set up a collateral on the non-party bank with respect to D Apartment 203 Dong 503, 1, Dongdaemun-gu Seoul and one parcel of land under his name.

When Defendant A delayed the repayment of interest on the above loan, the bank applied for a voluntary auction based on the above collateral security and started the voluntary auction on August 3, 2010.

On May 12, 2011, the non-party bank repaid the principal and interest excluding damages for delay from the F (the actual owner of the above apartment as Defendant B) and the provisional payment, and cancelled the registration of the establishment of the neighboring apartment on the same day.

On May 13, 2011, the following day, Defendant B submitted a copy of the register of the establishment registration of the neighboring mortgage cancelled to the above auction court, and the auction court made a decision to revoke the auction procedure in accordance with Article 266(2) and (1)1 of the Civil Execution Act on the same day.

On August 19, 2014, the non-party bank transferred to the Plaintiff a claim for compensation for delay remaining out of the loan, and notified the Defendant A of this on September 26, 2014.

【In light of the facts without dispute as to Gap’s grounds for recognition, Gap’s evidence Nos. 1, 3 through 7, Eul’s evidence No. 1, Eul’s assertion of the parties to the entire pleadings, and the Defendants’ assertion of the purport of the entire pleadings as to the Defendants’ assertion of Gap evidence No. 7, the Defendants calculated damages for delay calculated at the rate of 25% per annum from April 11, 201 to May 12, 201 (the date when F repaid the leased principal) since April 11, 2010 to May 12, 201, it is evident that damages for delay calculated at the rate of 122,36,065 won [450,00,000,000 x 25 x 132/366)].

Therefore, there are no special circumstances.

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