beta
(영문) 부산지방법원 2015.01.27 2014가단73035

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 553,323,289 as well as KRW 448,00,000 among the costs, from September 16, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 26, 2008, the Defendant concluded an apartment supply contract with the Korea-Liz Co., Ltd. (hereinafter “Korea-Liz”) setting forth the purchase price of B apartment Nos. 411 and 202 as KRW 896,00,000.

B. On April 15, 2008, the Plaintiff, on April 15, 2008, lent 448,000,000 won to the Defendant as a loan for KB Housing loan in the loan subject, the due date for payment (which is extended to April 15, 201) on April 15, 201 (which is extended to April 15, 201) and interest bank credit transaction basic terms and conditions, interest rate and delay damages rate pursuant to the loan transaction agreement (hereinafter “instant loan”).

C. As of September 12, 2014, the Defendant did not pay KRW 553,323,289 in total, including principal amounting to KRW 448,00,000, agreed interest amounting to KRW 2,793,80, delay damages amounting to KRW 102,529, and delay damages amounting to KRW 14.5% per annum.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 14.5% per annum, which is the agreed damages for delay, from September 16, 2014 to the date of full payment, with respect to KRW 53,323,289, and the borrowed principal of KRW 448,00,000, among the borrowed principal.

3. As to the defendant's argument

A. The defendant asserts that the loan of this case is a house financing loan, and the defendant merely followed the conditions agreed in advance between the plaintiff and Korea Liz as the above apartment was sold in lots, and in particular, since Korea Liz decided to pay the principal and interest of the loan of this case and Korea Housing Guarantee Co., Ltd., which guaranteed Korea Housing Guarantee Co., Ltd., and delayed payment damages are due to delay in the construction of the above apartment, and the plaintiff, the representative director and the lender representative of Korea Housing Guarantee Co., Ltd., the plaintiff, the representative director and the lender representative of Korea Housing Guarantee Co., Ltd.,

B. Determination 1 Liz will substitute for the interest on the instant loan.