beta
(영문) 부산지방법원 2018.10.30 2017가단397

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 591,352,948 and KRW 329,056,570 from March 29, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 2, 2012, the Defendant: G Co., Ltd. and G Co., Ltd., Ltd., a company conducting construction works on the E and 38 lots of land (hereinafter “F”); the sale price for H among F Co., Ltd.; KRW 1,435,50,000; KRW 1,262,10,000; the sale price for subparagraph 1; KRW 655,80,000 for subparagraph J; KRW 646,10,000 for subparagraph K; KRW 809,800,000 for subparagraph subparagraph; and KRW 809,80,000 for the sale price for subparagraph subparagraph; and each sales contract (hereinafter “instant sales contract”); and the Defendant’s sales contract concluded for subparagraph 1,194,200,000 for subparagraph 3, respectively.

B. On June 5, 2013, a cooperative of the A (hereinafter “A”) entered into a loan transaction agreement (hereinafter “the loan agreement in this case”) with the Defendant and the commercial building as collateral, with the amount of KRW 1.386 billion, the date of the loan commencement as of June 5, 2013, the date of the loan completion as of June 5, 2013, the date of the contract termination as of June 5, 2014, the agreed interest rate as of June 7, 2014, the agreed interest rate as of 19% per annum per annum within 30 days in arrears, 20% per annum exceeding 30 days in arrears, 90 days in arrears, and 21% per annum exceeding 90 days in arrears, the repayment method of the loan shall be repaid in full on the expiration date of the loan period, and the timing and method of payment of interest as of the date set for every month from the first day of the loan commencement.

C. On June 5, 2013, a cooperative gave a loan of KRW 1.386 million to the Defendant. On June 5, 2014, and June 5, 2015, a cooperative entered into an agreement to postpone loan transactions with the Defendant on the extension date of each loan agreement between the Defendant and the expiration date of each loan agreement.

On June 30, 2014, the Defendant repaid the principal amount of KRW 889 billion, and lost the benefit due to the wind to repay only the interest until August 4, 2015. As of November 1, 2016, the balance of the principal amount of the loan as of November 1, 2016 (i.e., KRW 497 million (i., KRW 1.386 billion - KRW 889 million) and the interest balance is a total of KRW 123,384,574.

E. Meanwhile, at the request of A. Union, M in commercial buildings.