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(영문) 인천지방법원 2016.04.07 2015가단50544

대여금등

Text

1. The Defendant’s annual interest in KRW 173,817,679 and KRW 116,552,00 among the Plaintiff, from July 2, 2015 to July 31, 2015.

Reasons

1. Basic facts

A. Edidrid LLC Co., Ltd. is an executor of the business of constructing and selling a licensetel on the ground of the 30-3, 30-4, Yeonsu-gu, Incheon Metropolitan City (hereinafter “instant parcelling-out business”). Korea Asset Trust Co., Ltd. is a trustee who entered into a trust agreement with Edidrid Ba and the instant parcelling-out business, and Madico Construction Co., Ltd. is the starting business of the said business.

B. The Plaintiff entered into an agreement on the collective loan of intermediate payment with Edidrid, etc.

C. On December 10, 2009, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with the Defendant who purchased part of the instant officetel on December 10, 2009 between the Defendant and the Defendant who purchased part of the instant officetel, which is stipulated as December 10, 2009 as the loan principal, the loan principal of which was 116,52,000, and the date of loan commencement as of December 10, 2009, and the said loan transaction agreement was implemented on December 31, 201 pursuant to the said agreement.

According to the term of validity of the loan of this case, the term of validity for the loan of this case has arrived, and the contractual delay rate from January 4, 2012 to February 28, 2015, which is the following day from January 3, 2012, which was determined by the Plaintiff as the base date for calculating damages for delay, is 14.05% per annum, and the later contractual delay rate is 13.05% per annum.

E. As of July 1, 2015, the sum of the principal and interest of this case as of July 1, 2015 is KRW 173,361,519 (=the principal of the loan plus KRW 56,809,519).

F. Meanwhile, according to the basic terms and conditions of Plaintiff Bank Credit Transactions applicable to the instant loan transaction, the obligor shall bear the expenses incurred by the Plaintiff in order to preserve the Plaintiff’s claims against the obligor due to the obligor’s nonperformance. The legal expenses incurred by the Plaintiff in relation to the application for provisional attachment for the preservation of claims for the instant loan amount are KRW 456,160

[Ground for Recognition: Facts without dispute, entry of Gap 1, 2, 4, 6, and 10 evidence, purport of the whole pleadings]

2. Determination: