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(영문) 의정부지방법원고양지원 2016.12.21 2016가단16965

대여금

Text

1. The Plaintiff:

A. As to KRW 687,413,942 and KRW 369,00,00 among them, Defendant A shall be from March 24, 2016 to June 5, 2016.

Reasons

1. Basic facts

A. Defendant A entered into a sales contract with Dlimz Co., Ltd. (hereinafter “Dlimz”) which is an executor of new apartment construction in the zone D zone in the Seoyang-gu, Seoyang-gu, Seoyang-si (hereinafter “E apartment”), and agreed that the intermediate payment of KRW 42,800,000, out of the sales price, Defendant A received a loan from the Plaintiff and paid the intermediate payment of KRW 442,80,000, and the interest rate on the intermediate payment that occurred prior to the date of designation of occupancy, shall be paid on behalf of Dlimz.

B. For the payment of the above intermediate payments, Defendant A borrowed KRW 369,00,000, which constitutes the first or fifth intermediate payments (the first loan), and borrowed KRW 73,800,000, which constitutes the sixth intermediate payments.

(2) At the time of each of the above loans (hereinafter referred to as “instant loans”) Defendant A, at the time of the foregoing loans (hereinafter referred to as “instant loans”), shall make a loan to Drhz and Si Construction Co., Ltd. (hereinafter referred to as “Sadong Construction”).

[) The Defendant A signed and sealed a letter of undertaking that he is responsible for the repayment of the interest on the loan in a case where the Libyts directly deposited into his account and the Libyts fail to pay the interest on the loan.

Defendant B guaranteed the principal and interest obligation of the primary loan to the extent of KRW 479,700,000, and the principal and interest obligation of the secondary loan to the extent of KRW 73,800,00.

C. Under the instant loan agreement, the Plaintiff implemented a loan of KRW 442,800,000, and deposited the said loan into the account designated by drts and Newdong Construction.

When Defendant A received the instant loan and did not pay the loan interest or installment repayment in the loan transaction agreement for not less than one month at the time when the loan transaction agreement was made, the content that paid damages for delay and forfeited the benefit of time was stated. However, the loan maturity and interest rate were not stated.

Since then, the plaintiff shall pay high interest rate on the "interest rate, etc." of the first loan transaction agreement (Article 3 (2) 1 of the Loan Transaction Agreement).