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(영문) 인천지방법원부천지원 2016.11.23 2016가단13187

대여금

Text

1. The Defendant’s KRW 713,082,968 and KRW 412,00,00 among the Plaintiff and the Plaintiff’s KRW 412,00,000 from March 28, 2016 to May 12, 2016.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter collectively referred to as the “Plaintiff”) entered into a loan agreement with the following contents, and loaned KRW 412,00,000,000.

(2) On October 6, 2009, the Defendant assumed the obligation against the Plaintiff (hereinafter “instant loan agreement”).

Loan amount: 412,00,000 won loan date: Interest rate on June 15, 2009: changed interest rate (Selection of Article 3 (2) 2 of the Framework Terms and Conditions for Loan Transactions (hereinafter referred to as "Loan Agreement") 2.89% loan period expiration: Method of repayment on July 15, 2011: To repay the full amount on the expiration date of the loan period.

The rate of damages for delay (the application of Article 3(5) of the Basic Terms and Conditions for Credit Transactions (AFF)

B. The Defendant did not repay the principal and interest of the above loan, and the Plaintiff’s loan balance against the Defendant as of March 28, 2016 is as follows.

412,00,000 won 301,082,968 won 713,082,968 won 713,968 won 14.28% of the total amount of interest and delay damages on the loan principal / [Grounds for Recognition] The non-contentious facts between the parties / Each entry in Gap evidence Nos. 1, 2, 3, 6, 8 (including the number of branch numbers if any) and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of the principal and interest of KRW 713,082,968 as well as the principal of KRW 412,00,000,00 as to the plaintiff from March 28, 2016 to May 12, 2016, which is the service date of the original copy of the payment order in this case, the agreed interest rate of KRW 14.28% per annum and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full

3. Defendant’s assertion and judgment

A. The facts of recognition as the premise for the assertion 1) Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”)

2) The apartment house in Yongsan-gu, Yongsan-gu (hereinafter referred to as the “instant apartment house”) shall be deemed to be the apartment house in the area of Goyang-gu