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(영문) 서울서부지방법원 2018.06.08 2017가단11967

대출금

Text

1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from May 24, 2017 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

(a) Fact 1) C is a D Building 201 (hereinafter referred to as the “instant Housing”) owned by the Defendant and the Defendant on June 25, 2011.

(2) On July 25, 201, 201, C loaned the deposit amount of KRW 90,000,000 to the Defendant’s account, and remitted the deposit amount of KRW 180,000 to the Defendant’s account.

3) On July 29, 2013, C made a move-in report to the instant housing on July 29, 2013; 4) C concluded a move-in report with the Defendant on September 26, 2013, with respect to the instant housing, a turn-in contract with the Defendant for a turn-in deposit amounting to KRW 180 million.

5) On September 30, 2013, the Plaintiff offered a loan of KRW 90,000,000 to C by setting the interest rate of 16.61% per annum (hereinafter referred to as the “instant loan”).

(6) On September 30, 2013, C immediately transferred KRW 90,000 of the instant claim for the return of the deposit money to the Plaintiff, and the Defendant consented to the assignment of the claim.

7) On September 30, 2013, the Defendant promised to pay KRW 90,000,000,000 as the instant loan to the Plaintiff rather than C, out of the obligation to return the deposit money. 8) only until December 15, 2016, C paid the interest on the instant loan to the Plaintiff.

9) With respect to the instant loans, the benefit of time was lost on January 30, 2017 in accordance with the agreement. [The fact that there is no dispute over the grounds for recognition, each entry of evidence A1 through 8, witness E, and witness E, and the purport of the entire pleadings.]

B. In light of the facts acknowledged above, since the Defendant’s obligation to the Plaintiff for the acquisition amount of KRW 90,00 and the obligation for the acquisition amount of the instant case against the Plaintiff is an indefinite-term obligation, the obligation shall be deemed to have been repaid from January 30, 2017, on which the due date for the acquisition amount of the instant case became due, and the Plaintiff’s claim for the payment of the acquisition amount was delivered to the Defendant.