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(영문) 서울중앙지방법원 2015.02.02 2014가단170327

대여금

Text

1. As to KRW 350,430,556 among the Plaintiff and KRW 350,000,000 among them, the Defendant shall start from April 14, 201 to the 15th of the same month.

Reasons

1. Basic facts

A. On September 8, 2008, the Jeju Savings Bank Co., Ltd. (hereinafter the “Seoul Savings Bank”) borrowed each of the loans to the Defendant at the rate of 150,000,000 per annum on March 8, 2009; 10% per annum; and 25% per annum on delay damages.

(E) The due date for repayment was April 15, 201, and the interest rate was changed to 12% per annum, respectively; hereinafter the first loan contract in this case).

On September 12, 2008, Japan Savings Bank extended a loan of KRW 200,000,000 to the Defendant on March 12, 2009, at the interest rate of KRW 10,000 per annum, and at the interest rate of KRW 25% per annum, respectively.

(E) The due date for repayment was April 15, 201, and the interest rate was changed to 12% per annum, respectively; hereinafter the second loan contract in this case).

From April 14, 2011, the Defendant did not pay interest and delay damages on each of the above loans, and the Plaintiff spent KRW 430,556 at the expense of provisional seizure, etc.

The Jeju Savings Bank was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap98, and the plaintiff was appointed as the trustee in bankruptcy of the Jeju Savings Bank.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 7, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 350,00,000 and the provisional payment of KRW 430,556 in total and KRW 350,000 in total, and the principal of KRW 350,000 in total and KRW 430,556 in each of the loans in this case, as requested by the plaintiff, 12% per annum from April 14, 201 to the 15th day of the same month, and damages for delay calculated at the rate of 25% per annum from the next day to the date of full payment.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion is to sell the building of 139 square meters and its ground, owned by PHC Co., Ltd. (hereinafter “PHE”) that implements a joint housing construction project for B B, and the Plaintiff is paid KRW 350,000,000,000 from PHE.