beta
(영문) 서울중앙지방법원 2015.02.12 2014가단138521

대여금

Text

1. The Plaintiff:

A. Defendant A shall pay KRW 99,403,753 and KRW 56,850,00 among them from June 12, 2014 to the date of full payment.

Reasons

1. Facts of premise;

A. (i) On May 15, 2008, Defendant A was sold in lots at KRW 201,339,000, out of B’s stores built by C&C Co., Ltd. (hereinafter “Defendant Company”) and sold in lots by the Defendant Company (execution Company).

on June 16, 2008, the loan period of KRW 56,850,00 in the sale of the said store to Defendant A: three years; the loan interest rate of KRW 56,850,00 in accordance with the terms and conditions; the application of the fluctuation rate and delay rate; the loan interest rate of KRW 6 in accordance with the loan transaction agreement; and the loan transaction agreement.

(hereinafter referred to as “the instant loan, etc.”). On the other hand, the Defendant Company and C&W Co., Ltd. jointly and severally guaranteed the amount of the collateral guarantee limit to the Plaintiff’s loan obligations against the buyer including the Defendant on the same day.

As of June 11, 2014, the amount of non-payment of the loan obligation in this case as of June 11, 2014 is KRW 99,403,753 (the principal = the agreed interest of KRW 56,850,00 + the agreed interest of KRW 21,956,039 + the deferred interest of KRW 17,494,224 + the deferred interest of KRW 3,103,490 + the overdue interest rate of KRW 18% per annum in accordance with the loan agreement and the terms and conditions.

B. (1) The Defendant A filed a suit against the Plaintiff seeking confirmation of the existence of an obligation against the Plaintiff (as of October 9, 2012, 2012) related to the instant loan obligation under the court order 2012da275624, Defendant A filed a lawsuit seeking confirmation of the existence of an obligation against the Plaintiff. (The principal = KRW 56,850,00 + interest + interest KRW 22,348,537 + provisional payment + KRW 397,490 + provisional payment + KRW 397,490; and as of October 9, 2012).

Defendant A, who was sentenced to a judgment against the first instance court, appealed (this Court Decision 2013Na58957), but Defendant A’s appeal was dismissed on July 31, 2014, and Defendant A appealed (Supreme Court Decision 2014Da63643). However, Defendant A appealed on November 27, 2014 (Supreme Court Decision 2014Da63643).

[Ground for Recognition] Defendant A: A without dispute, Gap 1-5 evidence (including more than one number), Eul 1 evidence, the purport of the whole pleadings, defendant company: Confession of confession (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the premise of determination as to the cause of the claim, Defendant A.