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Reasons
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(영문) 대구지방법원포항지원 2019.10.10 2019가단3668
대여금
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1. The defendant shall pay to the plaintiff the amount of KRW 57,490,439 and KRW 32,676,759 from June 13, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff’s loan claim 1) lent KRW 72 million to D on October 13, 2014, and the Plaintiff determined the due date for payment on October 13, 2017 and the interest rate on the loan (=0.94% per annum) (hereinafter “loan 1”).

(2) On October 13, 2014, the Plaintiff additionally lent KRW 72 million to D, and determined the due date to be due on October 13, 2017, and the interest rate on loans (=0.72% per annum).

(3) The Plaintiff determined that the rate of damages for delay for each of the above loans is 11% per annum if the overdue interest rate does not exceed three months, 12% per annum if the overdue interest rate does not exceed six months, and 14% per annum if the overdue interest rate exceeds six months, and 4% per annum if the overdue interest rate exceeds six months. (4) The Plaintiff’s interest rate on June 13, 2019 as of June 13, 2019 is 4.06% per annum and 669 days per annum.

B. On October 24, 2014, the Defendant acquired D’s loan obligations with the Plaintiff’s consent, and created a collateral security on the real estate owned by the Plaintiff (Seoul District Court Branch Decision 90910, Oct. 13, 2014; 93.6 million won). (2) On October 23, 2014, the Defendant assumed D’s secondary loan obligations with the Plaintiff’s consent, and the Plaintiff created a collateral security on the real estate owned by the Plaintiff. (3)

(F) The Daegu District Court Branch Branch of Manpo District Court No. 90911, Oct. 13, 2014, and the maximum debt amount KRW 93.6 million.

(1) On June 13, 2019, the Plaintiff appropriated the amount of KRW 46,668,709 for the first loan claims by receiving dividends of KRW 46,68,709 during the voluntary auction procedure in the Daegu District Court Port E Voluntary Auction proceeding, and the Plaintiff added KRW 25,331,291 for the principal amount of the first loan claims, and the interest amount of KRW 12,212,60 for the Plaintiff’s interest rate of KRW 12,60,00 per annum 0.72% per annum that is lower than the standard rate of 3.34% per annum in calculating the interest rate of the loan. (2) The Plaintiff appropriated the amount of KRW 64,654,532 for the second loan claims by receiving dividends of KRW 64,65,532 during the said voluntary auction

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