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(영문) 서울북부지방법원 2019.05.14 2018가단129487
대여금
Text

1. The Defendant’s KRW 855,611,598 among the Plaintiff and KRW 348,073,100 among the Plaintiff, shall be KRW 29,40,000 from December 29, 2015.

Reasons

1. The following facts may be acknowledged by adding together the purpose of the entire pleadings in each entry in Gap evidence Nos. 1 to 3 and 7:

On October 7, 2011, the Plaintiff entered into a loan transaction agreement with the Defendant with the term “general loan of the subject of loan (certificate loan), KRW 494 million, the date of loan commencement, October 7, 2011, and on October 7, 2014, the expiration date of the loan, 7.2% per annum of the agreed interest rate (the base rate of change, the rate of 8.0% per annum on a year of 30 days or less, the overdue period of 21 days to 90 days, the overdue period of 9.0%, the overdue period of 91 days or more, the overdue period of 91 days to 11.0%), and carried out the loan by remitting the loan to the Defendant bank account.”

(hereinafter “instant loan”). Meanwhile, in order to secure the above loan obligation, the Plaintiff created a right to collateral security on the forest and E forest and the above F forest and forest (hereinafter “instant forest”) owned by the Defendant.

B. Since then, the repayment of principal and interest of the above loan was delayed, and the Plaintiff appropriated KRW 65,956,347 received dividends, etc. on April 20, 2017 and KRW 222,860 on May 22, 2017 for the principal of the loan of this case in the voluntary auction procedure for the forest in question (Jan District Court G) where the Plaintiff’s application was made.

C. On the other hand, the plaintiff redeems part of the loan of this case in sequence, and the particulars of the special bond are as follows.

(1) On December 28, 2015, 348,073,10 won of the depreciation principal (a balance of 145,926,90 won), overdue interest of 136,726,927 won (a balance of 145,926,90 won), overdue interest of 136,726,927 won (b) December 19, 2016, overdue interest of 29,401,00 won (a balance of 116,525,90 won), overdue interest of 6,58,943 won, depreciation expenses of 6,946,458 won (a balance of loans), base date of December 29, 2016, 34,968,00 won (a balance of loans 81,57,900 won), overdue interest of 634,620 won (along of loans 116,525,97 won), overdue interest of 17

2. According to the above facts, according to the fact that the obligation to repay the loan arises, the defendant shall pay to the plaintiff KRW 855,611,598 [=427,820,793 [the balance of the loan or the depreciation principal].

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