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(영문) 인천지방법원부천지원 2016.12.07 2016가단14951

대여금

Text

1. As to KRW 391,027,264 and KRW 237,016,00 among them, the Defendant shall pay to the Plaintiff KRW 391,027,264 from March 28, 2016 to May 10, 2016.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter collectively referred to as the “Plaintiff”) entered into a loan agreement with the Defendant on the following terms, and loaned KRW 237,016,000.

(2) On July 15, 2008, the loan agreement of this case is "the loan agreement of this case" and the loan claim of this case is "the loan claim of this case": The amount of loan of 237,016,000 won: Interest rate of July 15, 2008: 0.95% of the base rate of MOR-based interest rate of 0.95% on July 15, 201: The repayment method shall be repaid in full 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.

Of the loan principal, the interest rate on delayed payment and delay damages rate of 237,01,264 won 154,01,264 won 391,027,264 won / 12.35% of the loan principal / 12.35% of the interest rate on delayed payment and delay damages (based on recognition)

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 391,027,264 as well as the principal of KRW 237,016,00,00 among them, delay damages calculated at the rate of 12.35% per annum from March 28, 2016 to May 10, 2016, which is the service date of the original copy of the payment order in this case, and 15% per annum from the following day to the day of full payment.

3. Judgment on the defendant's assertion

A. 1) The Defendant is the Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”)

) Drhts Co., Ltd. (hereinafter “Drhts”) constructed by them.

(2) In order to carry out the sale of the apartment unit No. 412, 2903 (hereinafter referred to as "the apartment unit").