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(영문) 서울중앙지방법원 2014.12.03 2014나23613

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 20, 2006, the Plaintiff, implementing company, Royal Co., Ltd., Ltd., and Royal Co., Ltd., Co., Ltd., a contractor, entered into an agreement with the eligible occupants who purchased commercial buildings, by constructing and operating commercial buildings, to borrow an intermediate payment from the Plaintiff, and to deposit the loans in the bank account on the part of the implementing company in installments according to the payment schedule set out in the sales contract.

B. On September 20, 2007, the Defendant entered into a sales contract for department store C (hereinafter “instant sales contract”) with the Si event and the Seoul Special Metropolitan City D D D, which is scheduled to be constructed. At this time, the executor paid the Defendant’s interest on the loans by substitute until the day before the scheduled date of occupancy, and the Defendant paid the Defendant the total amount of the interest on the intermediate payments paid by the executor on the first day of the scheduled date of occupancy to the executor.

C. On October 11, 2007, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with the Defendant on October 16, 2010 for the payment of intermediate payment pursuant to the instant contract for sale in lots, and paid to the Defendant KRW 78,780,00 on October 16, 2007, which constitutes the first or third intermediate payment, (i) KRW 2,788,00 on October 16, 2007, which constitutes the first or third intermediate payment; (ii) KRW 2,788,00 on December 14, 2007; and (iii) KRW 2,294,00,000 on February 14, 2008 (=2,7880,000 + KRW 2,7888,000 +2,782,2940,000).

From July 2009, interest under the instant loan contract was partially overdue, and was not paid after March 2, 2010. The Plaintiff requested the Defendant to pay the loan by content-certified mail on August 11, 2009 and April 26, 2010.

E. As of January 25, 2013, the instant loan obligation is KRW 114,341,543 (i.e., principal + KRW 78,70,000 + overdue interest 30,447,777 + interest 4,734,936 + interest 4,736 + interest 458,830 already collected).

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 12, purport of the whole pleadings]

2. Determination as to the cause of action

(a) the cause of the claim;