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(영문) 부산지방법원 2016.05.24 2016가단8226

대여금

Text

1. The defendant shall pay to the plaintiff KRW 1,502,034,259 and KRW 1,390,000 among them, from October 5, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 31, 2014, the Plaintiff entered into a loan transaction agreement with the Defendant (hereinafter “instant loan transaction agreement”).

Loan amount: 1,390,000 won loan maturity: Interest on December 31, 2015: 4% per annum (payment in each month) - The rate of delayed damage - The rate of overdue 30 days per annum: 16% per annum on the agreed interest rate; the rate of overdue - The rate of 17% per annum on a agreed interest rate of more than 30 days but not more than 60 days per annum - the rate of overdue 90 days per annum on a agreed interest rate of more than 18% per annum;

B. Until March 31, 2015, the Defendant paid interest under the instant loan transaction agreement to the Plaintiff, but did not pay interest thereafter, thereby losing the benefit of the period.

C. As of October 4, 2015, the principal amount of loan to be borne by the Defendant pursuant to the loan transaction agreement of this case is KRW 1,502,034,259 (= Principal amount of KRW 1,390,000,000 and delay damages amount of KRW 112,034,259).

[Ground of recognition] Unsatisfy, Gap evidence 1 and 3

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff delay damages at the rate of 22% per annum from October 5, 2015 to the day of full payment with respect to the principal and interest of KRW 1,502,034,259 under the loan transaction agreement of this case and the principal of the loan of KRW 1,390,000 among them, barring any special circumstances.

3. The Defendant, while making a loan to B on October 9, 2012, completed the registration of creation of a mortgage over the maximum debt amount of KRW 1,872,00,000,00 to the affiliated subcontractor. As B was unable to fully repay the loan interest, the Defendant deceiving the Defendant as to the operating profit and financial value of the said subcontractor, thereby allowing the Defendant to borrow a loan under the loan transaction agreement of this case and take over the Plaintiff’s loan claim against B.

The defendant is against B entered into between the plaintiff and the defendant on the ground of fraud.