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(영문) 인천지방법원부천지원 2016.12.14 2016가단15985

대여금

Text

1. As to KRW 453,266,272 and KRW 291,50,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 453,266,272 from March 24, 2016 to June 4, 2016.

Reasons

1. Loan amount of basic facts: The interest rate on July 15, 2009: A fixed interest rate of Article 3(2)1 of the General Terms and Conditions on Loan Transactions (Provisional Loan) (Selection of Article 3(2)2 of the General Terms and Conditions on Loan Transactions (Provisional Loan) shall be refunded in full on the expiration date of the loan period: The full repayment shall be made at the expiration date of the loan period. Article 3(5) of the Basic Terms and Conditions on Loan Transactions (Provisional Loan Transactions) shall be applied;

A. The Plaintiff (hereinafter collectively referred to as the “Plaintiff”) entered into a loan agreement with the Defendant on the following terms: (a) the Plaintiff (the National Agricultural Cooperative Federation and the financial portion divided after the Plaintiff was established; and (b) loans totaling KRW 291,50,000.

(hereinafter referred to as the “instant loan agreement” and the relevant loan claim is referred to as the “instant loan claim”). B.

The defendant did not repay the principal and interest of each of the above loans, and on March 24, 2016, the balance of loans to the plaintiff against the defendant is as follows:

Of the loan principal, the agreed delay damage rate of 291,50,000 won 161,766,272 won 453,266,272 won / [based] / 13.28% of the loan principal, the parties are not dissatisfied with the facts, Gap's entries in Gap's 1, 2, 5, 6, and 7, and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff the total amount of principal and interest of KRW 453,266,272 as well as KRW 291,50,000 as to the plaintiff from March 24, 2016 to June 4, 2016, the delivery date of the original payment order of this case, the agreed delay damage rate of KRW 13.28% 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 to the day of full payment.

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 complex B (hereinafter referred to as the “instant apartment complex”) in Yongsan-gu, Yongsan-gu, Yongsan-gu.

c) dratts Co., Ltd. (hereinafter referred to as “Dratts Co., Ltd.”) newly built.