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(영문) 수원지방법원 2016.11.29 2016나55681

가등기말소

Text

1.The judgment of the first instance shall be modified as follows:

Defendant’s KRW 270,615,797 from Plaintiff and its related thereto on June 2014.

Reasons

1. The reasoning for this court’s explanation as to the existence of an agreement for exemption from interest is as stated in the part of paragraphs 1 and 2 of the judgment of the court of first instance. Therefore, it is decided to accept it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The Plaintiff is obligated to pay to the Defendant interest or delay damages at an interest rate of 24% per annum from June 20, 201 to the date of full payment, and the Plaintiff is obligated to pay the Plaintiff the said money to the Plaintiff, and to perform the procedure for registration of cancellation of the provisional registration of this case, following the Plaintiff’s receipt of the said money to the Plaintiff, in calculating the principal and interest of the loan after appropriating the money in the order of statutory satisfaction of performance as indicated in the attached Table, as indicated in the attached Table. In addition, the Plaintiff is obligated to pay the Defendant the interest or delay damages at an interest rate of 270,615,797 won per annum from June 20, 2014 to the date of full payment, which is the day following the date of final repayment.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the judgment of the court of first instance differs from this conclusion, and it is modified as per Disposition.