beta
(영문) 서울중앙지방법원 2014.04.29 2013가단33322

대여금

Text

1. The Defendant’s KRW 1,576,850,286 and KRW 1,492,149,00 among the Plaintiff and the Plaintiff’s KRW 1,49,00 from November 30, 2012 to January 22, 2013.

Reasons

1. Facts of recognition;

A. On May 30, 2008, the Defendant entered into an agreement with the Plaintiff on the loan of KRW 101, 102, 108, 109, and 110 (hereinafter referred to as the “instant commercial building by combining five commercial buildings”) on the land outside Seocho-gu Seoul, Seoul, and three lots of land (hereinafter referred to as “the instant officetel”), with the interest rate of KRW 438,978,00 and KRW 433,626,00 per annum from the Plaintiff (1.5% per annum) (17% per annum), and entered into an agreement with the Plaintiff on the loan of KRW 101,00 per annum on August 31, 2012 (hereinafter referred to as “the interest rate of late payment per annum”) based on the interest rate of KRW 438,978,00 and KRW 433,626,00 per annum, 207, 2005, 207.

(hereinafter referred to as the “instant loan agreement” in combination with the foregoing five loan agreements.

Pursuant to the instant loan agreement, each of the loans was divided into four occasions.

C. Meanwhile, on November 13, 2007, before the sales contract for the instant commercial building, the Plaintiff, Round, and Hadmon made a business agreement by entering into a business agreement (hereinafter “the instant business agreement”) with respect to the payment loan from the instant officetel sales. The main contents are as follows.

Article 4 (Cooperation in Recovery of Claims by Plaintiff) (1) Where a cause corresponding to Party A’s basic terms and conditions of credit transactions and loss of the term interest under Article 10 occurs in an intermediate payment loan of Party A (designated as an occupant-to-be), or where Party A requested Party B to repay the loan to Party B, even though the maturity date for the loan has arrived, Party B and C shall cancel the sales contract for Party B in order to recover the claim, and Party B’s principal and interest (including damages for delay and incidental obligations) shall be paid to Party A as the down payment and intermediate payment already paid.