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(영문) 인천지방법원 2016.04.26 2015가단50971 (1)

대여금

Text

1. As to KRW 354,183,056 and KRW 232,338,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from July 2, 2015 to July 27, 2015.

Reasons

1. Facts of recognition;

A. Edidrid Ba, Inc. (hereinafter “Edidrid Ba”) is an executor of the business of constructing and selling Dteltels on the land B and C in Yeonsu-gu Incheon (hereinafter “instant parcelling-out business”), and the Korea Asset Trust Co., Ltd. is a trustee who entered into a trust agreement with Edidrid Ba and the instant parcelling-out business, and the Edidco Construction is a contractor of the instant business.

B. The Plaintiff entered into an agreement with Sdidrid, Korea Asset Trust Co., Ltd., and Spoco Construction (hereinafter “Sdidrid, etc.”) on a collective loan of part payments.

C. On October 18, 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, and as of December 31, 201 from the date of loan commencement (hereinafter “instant loan transaction agreement”). The said loan was executed on December 10, 2009 (hereinafter “instant loan”).

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 annual interest rate on the delayed interest rate from January 4, 2012, the following day after the date of calculating damages for delay (the date of loss of the benefit of time) shall be 14.05% 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 353,421,106 (the principal of the loan plus KRW 232,338,00 in overdue interest of KRW 121,083,106).

F. Meanwhile, according to the Bank Credit Transaction Clause applicable to the loan transaction in this case, the debtor shall bear the expenses incurred by the plaintiff in order to preserve the plaintiff's claim against the debtor due to the debtor's default. The legal expenses incurred by the plaintiff in order to preserve the loan claim in this case are KRW 761,950.

[Ground of recognition] The fact that there is no dispute, Gap's statements and arguments in Gap's 1 through 3, 11 through 14.