(영문) 부산지방법원 2015.04.07 2014가단73042

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(영문) 부산지방법원 2015.04.07 2014가단73042

대여금

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1. The defendant shall pay to the plaintiff KRW 1,100,266,730 and KRW 686,50,000 among them, from September 16, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 15, 2008, the Plaintiff loaned KRW 686,50,000 to the Defendant, who was the buyer of B apartment, at maturity on April 15, 2008, at the interest rate of April 15, 201, the change rate and the delay rate were determined by the Plaintiff’s applicable interest rate added the overdue interest rate to the loan interest rate.

B. As of September 15, 2014, the principal amount of interest is KRW 1,100,266,730 (i.e., principal amount of KRW 686,50,000; KRW 3,648,418; overdue interest of KRW 410,118,312); and the interest rate applied by the Plaintiff is 14.13% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal of the loan of KRW 1,100,266,730 and the principal of KRW 686,50,00 among them, delay damages calculated at the rate of 14.13% per annum, which is the rate of delay damages, from September 16, 2014 to the date of full payment.

3. The defendant's argument regarding the defendant is that the Korea Housing Guarantee Corporation, the implementer of the new apartment sales business, is proceeding against the Korea Housing Guarantee Corporation, and if the defendant won the lawsuit, the defendant will bear the obligation of the loans of this case. The prosecutor's investigation is underway on the process of promoting the PF business between the lender and Korea Housing Corporation, including the plaintiff. The interest and interest rate claimed by the plaintiff is too excessive. Although the plaintiff asserts to the purport that it is too excessive, there is insufficient evidence to acknowledge the above argument or there is no reason to refuse the plaintiff's claim. Thus, the defendant's argument is without merit.

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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