대여금등
1. The defendant shall be jointly and severally and severally with Company B as to KRW 236,04,459 and KRW 158,164,00 among them, from July 2, 2015 to August 2015.
1. Facts of recognition;
A. The Plaintiff entered into a business agreement with B, etc., a company implementing the business of constructing and selling an officetel on the land of Yeonsu-gu Incheon Metropolitan City C and D, on part of intermediate payment loans.
B. On December 10, 2009, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) on December 10, 2009 between the Defendant who purchased part of the instant officetel and the Defendant who purchased it, with the loan principal of 158,164,00 won, the loan principal of 158,164,00 won, the date of loan commencement, December 10, 2009, and December 31, 201, and accordingly, the loan was executed on December 10, 2009.
(C) The loan under the loan transaction agreement of this case (hereinafter “instant loan”).
As the loan term of the instant loan transaction agreement expires, the repayment period for the instant loan has arrived, and the contractual delay interest rate from January 4, 2012 to February 28, 2015, which is the following day from January 3, 2012, which was determined by the Plaintiff as the base date for calculating damages for delay, is 14.05% per annum, and the subsequent contractual delay rate is 13.05%.
As of July 1, 2015, the sum of the principal and interest of the instant loans as of July 1, 2015 is KRW 235,255,949 ( = Principal of the loan = KRW 158,164,00 overdue interest of KRW 77,09,91,949).
E. Meanwhile, according to the Bank Credit Transaction Clause applicable to the instant loan transaction agreement, the obligor shall bear the expenses incurred by the Plaintiff in order to preserve the Plaintiff’s claim against the obligor due to the obligor’s nonperformance. The legal expenses incurred by the Plaintiff in preserving the instant loan claim are KRW 788,510.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant, barring special circumstances, shall pay to the Plaintiff KRW 236,04,459 (the principal and interest of loan = KRW 235,255,949 (the legal cost of KRW 788,510) and the principal of loan KRW 158,164,00 from July 2, 2015, which is the day following the above base date to August 31, 2015, which is the delivery date of the instant payment order.