대여금
1. The defendant shall pay KRW 32,433,171 to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.Paragraph 1.
1. Determination as to the cause of claim
A. In fact, on April 29, 2013, the Plaintiff entered into a credit transaction agreement with A and the Defendant as a joint principal debtor with the content of credit transaction as set forth in the so-called “Mabner passbook” method, whereby the limit of credit was KRW 2.3 billion, interest rate of KRW 10% per annum, overdue interest rate of KRW 24% per annum, and maturity of payment on May 2, 2014.
(hereinafter referred to as “the instant credit transaction agreement”). On August 25, 2014, there remain 32,433,171 won in overdue interest as of August 25, 2014.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
B. According to the above facts, the defendant is obligated to pay 32,433,171 won overdue interest to the plaintiff as the principal debtor.
2. The defendant's assertion and judgment
A. The Defendant’s assertion that the instant loan is aimed at raising project costs for reconstruction of multi-household houses.
The defendant, who is a contractor, concluded a joint project agreement with the owner, agreed that the cost of acquisition of new buildings is borne by the owner.
The loan of this case was paid not only to 12 individual loans, moving expenses, deposits, but also to the cost of new building acquisition.
The plaintiff did not take measures such as settling interest and acquisition-related expenses from 12 owners and terminating the collateral trust for the newly constructed building by the owner. Therefore, the plaintiff's claim is unjust.
B. On April 3, 2013, the Defendant entered into a joint agreement with A, a representative of the owner of multi-household housing in Yangcheon-gu Seoul, and a multi-household housing with 12 households, and a joint agreement with B2 households, taking account of the overall purport of the pleadings, as a whole, on each of the statements in Gap’s evidence Nos. 5-12 and Eul’s evidence Nos. 1 through 5.
According to the above joint project agreement, the owner bears the cost of acquisition to the owner.
Among the 22 households of new buildings, 12 households are shares of existing building owners, and the remainder is general allotment.
B. The defendant shall set up the new project cost.