beta
(영문) 인천지방법원부천지원 2016.10.19 2016가단16889

대여금

Text

1. As to KRW 393,843,729 and KRW 239,60,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 39,60,000 from March 28, 2016 to June 11, 2016.

Reasons

1. Basic facts

A. On September 8, 2008, the Plaintiff entered into a loan transaction agreement with the Defendant as follows, and on September 8, 2008, loaned KRW 239,600,000 to the Defendant.

(hereinafter referred to as “instant loan agreement” and its loan claims are referred to as “the instant loan claims”): Interest rate: Interest rate on change, MOR base interest rate on 0.95% expiration date: Method of repayment on July 15, 201: To repay in full on the expiration date of the loan period.

The time and method of payment of interest: The rate of delayed damage on the date of each month from the date of commencement of the loan (Article 3 (5) of the Basic Terms and Conditions for Loan Transactions (for household) shall apply to each month.

B. The Defendant was unable to repay the principal and interest of the above loan, and the Plaintiff’s loan balance to the Defendant as of March 28, 2016 is as follows.

The loan principal interest rate of 239,60,000 won 154,243,729 won 393,843,729 won 12.21% of the loan principal interest rate of 239,60,00 won, 243,729 won / 12.21% of the loan principal interest rate of 239,60,000 won

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff the principal and interest of KRW 39,60,000 as to the principal and interest of KRW 393,843,729 as well as the principal and KRW 239,60,000 as to the plaintiff from March 28, 2016 to June 11, 2016, the delivery date of the original payment order of this case, the agreed delay interest rate of KRW 12.21% per annum, and the delay interest rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

3. Judgment on the defendant's assertion

A. 1) The Defendant is the Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”)

) Drhts Co., Ltd. (hereinafter “Drhts”) constructed by them.

) The apartment apartment B (hereinafter referred to as the “instant apartment”) in Yongsan-gu, Yongsan-gu, Busan Metropolitan City, where the sale of the apartment is conducted.

2) The Defendant concluded the sales contract with Dratts on the apartment of this case. The Defendant concluded the sales contract with Dratts.