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(영문) 서울중앙지방법원 2016.11.02 2015가단97511

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On April 23, 2008, Jiz Co., Ltd. (hereinafter referred to as "Co., Ltd.") promoted the business of newly constructing and selling C Apartments on the land B of Gangseo-gu, Busan as an executor from the second presentation, and entered into a collective loan agreement with the Plaintiff, along with the Young-gu Housing Co., Ltd., Ltd., a Si corporation, around April 23, 2008, to allow buyers to get loans from the Plaintiff out of the sales price.

D From D on April 19, 2006, the apartment of this case 201-dong 705 (hereinafter “the apartment of this case”) was sold to the defendant on April 25, 2007.

On May 208, 2008, the Plaintiff loaned 11,3460,000 won to the Defendant, the buyer of the instant apartment to the Defendant, who was the buyer of the instant apartment, as an intermediate payment loan pursuant to the collective loan business agreement, and the interest rate was set at 25% per annum by adding 3.2% per annum to the standard interest rate, and the interest rate for delay was set at 28,365,00 won by 26,730,000 won and 56,730,000 won were divided on September 19, 2008 and implemented the loan on May 20, 2008.

(B) As of January 13, 2015, the remainder of the instant loan is the full principal and interest KRW 819,080.

The Defendant, at the time of the instant loan agreement, prepared a written statement to the Plaintiff. The purport is that, in the event the Defendant wishes to apply for a change in the name of the right to purchase the apartment of this case, he/she will continue to run after repaying the entire amount of the instant loan or obtaining the consent of the Plaintiff on the assumption

(B) From the following day, the Defendant prepared a written confirmation on April 7, 2010 with respect to the apartment of this case. However, the Defendant renounced all the status based on the sales contract on the apartment of this case, and the down payment belongs to Hanez, and Hanez may lease the apartment of this case and provide the lessee with the right to collateral security, or establish the right to collateral security.