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(영문) 창원지방법원 2016.04.27 2015나10015

대부료 청구

Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

Reasons

1. Facts of recognition;

A. Pursuant to Article 26(1)8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, Article 42(1) of the State Property Act, and Article 38(3) of the Enforcement Decree of the same Act, the Plaintiff was delegated by the Ministry of Strategy and Finance, which is the management authority of the Republic of Korea, to manage and dispose of land 219 square meters (hereinafter “the instant real estate”) and to preserve claims and collect claims.

B. On January 1, 2009, the Plaintiff entered into a loan agreement with the Defendant for State property (hereinafter “instant loan agreement”) with the purpose of using the instant real estate as “commercial use,” the loan charges of KRW 219,930 per annum, the term of payment by February 28, 2009, and the period of use by not later than five years. However, on the basis of the annual property value calculated pursuant to Article 26 and Article 26(2)1 of the Enforcement Decree of the State Property Act, the Plaintiff would determine the loan every year, and on the basis of the annual property value calculated pursuant to Article 26 and Article 26(2)1 of the Enforcement Decree of the State Property Act, the Plaintiff

After that, on December 20, 2010, the Defendant agreed to change the purpose of the instant real estate to the purpose of farming between Changwon-si, the managing authority of the instant real estate and Changwon-si.

Meanwhile, the payment deadline for the loan fee under the instant loan agreement and the loan fee that the Plaintiff is seeking as of October 6, 2014 are as follows.

Unlike other loan charges, on February 28, 2009, the Plaintiff claimed a 1826-day overdue charge (i.e., the overdue charge until February 28, 2014) with respect to the rent that became due on February 28, 2009, unlike the loan charges, the amount of overdue interest rate for the total overdue interest rate of arrears 219,930 21,990, 1826 shall be paid for the overdue interest rate of 2046 days (the overdue charge until October 6, 2014). Thus, the Plaintiff did not seek a payment of overdue interest rate of 2046 days (the overdue charge until October 6, 2014). Therefore, the number of overdue days shall be adjusted to 1826 days and the overdue charge shall be calculated.

165,030 Loan charges 275,640 27,560 on February 28, 2010; 1681 15% on February 28, 2010 1681 190,410 493,610 Loan charges 300,440,30,040 on February 28, 2011.