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(영문) 서울중앙지방법원 2016.02.03 2014나53812

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

The Defendant entered into a loan transaction agreement with the Korea Housing Finance Corporation (hereinafter “the instant loans”) on the loan of intermediate payment (hereinafter “the instant loan”) as indicated in the following table with the Plaintiff in relation to the sale price of B apartment 105 Dong 1503, and entered into a credit guarantee agreement with the Korea Housing Finance Corporation (hereinafter “the instant loan”) on the loan of KRW 165,850,00 as the loan amount, and the loan amount of KRW 165,850,00 as the loan amount was 165,850,000.

On December 2, 2012, 201, the new date of KB Housing Heavy Loan 33,170,000 won on December 2, 2011, KB Housing Heavy Loan 165,850,000 won on March 2, 2010, the Defendant failed to repay the loans by the maturity date of each of the instant loans, and on December 12, 2013, the Housing Finance Corporation agreed to the Plaintiff on December 12, 2013, the sum of the principal of each of the instant loans and the agreement accrued until the date (the agreement with the Plaintiff KRW 33,170,00,00 on the instant loans 2,205,375,302 won on the instant loans, and the principal amount of the instant loans 165,80,50,000 won on the principal amount, KRW 375,375,302 won on the instant loans 2,375,138,45,385

The difference between the overdue interest on each of the instant loans and the agreed interest accrued until the Housing Finance Corporation subrogated as above is KRW 3,050,731, and KRW 13,833,628, respectively.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 1 through 4, Gap evidence Nos. 3, 4, Gap evidence Nos. 5 and 6, and the facts of the above recognition as to the ground for claim as a whole, the defendant is obligated to pay the plaintiff with overdue interest 16,884,359 won (=3,050,731 won) accrued for each of the loans of this case.

The defendant's assertion as to the defendant's assertion was not known that the Housing Finance Credit Guarantee Agreement was concluded at the time of each of the loans in this case, and was notified.