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(영문) 수원지방법원 2016.05.12 2014가합9840

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 215,299,806 as well as KRW 164,580,00 among them, from April 4, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is the buyer of the apartment C, 104, 1602, and 102 (hereinafter “instant apartment”) located in Seongbuk-gu Seoul and 92 lots. The Defendant is an executor who newly constructed and sold the instant apartment. The Plaintiff is a financial company that entered into a loan agreement with the Defendant for the payment of intermediate payment out of the sales price of the instant apartment.

B. On March 19, 2009, the Defendant purchased the instant apartment from the New Trust for KRW 822,90,000 (hereinafter “instant apartment contract”); for the payment of intermediate payment out of the sale price of the Plaintiff and the instant apartment; ① on June 21, 2010, the principal of the loan was KRW 82,290,000, the due date for payment was July 21, 2012; ② on October 21, 2010, the interest rate was 7.2% per annum; ② on October 21, 2010, the amount of KRW 82,290,000 with the loan principal at KRW 82,29,000 with interest rate at KRW 25% per annum (hereinafter “each of the instant loan contracts”); and the Plaintiff directly paid the intermediate payment to each of the instant loan parties under each of the instant contract (hereinafter “the instant loan contracts”).

C. From February 21, 2012, the Defendant forfeited the interest under each of the instant loan agreements, thereby losing the benefit of time. As of April 3, 2014, the Defendant did not repay KRW 164,580,000 (= KRW 82,290,000), interest and delay damages, and KRW 50,719,806 (= KRW 25,359,903 KRW 25,359,903), total amount of KRW 215,29,806.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1, 2, Eul's evidence 1-1, 1-3, the whole purport of pleading

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant shall pay to the Plaintiff the agreed interest rate of KRW 215,299,806 of the remainder of the principal and interest under each of the instant loan agreements and KRW 164,580,000 of the loan principal, barring any special circumstance, from April 4, 2014 to the date of full payment.