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(영문) 의정부지방법원 2018.02.22 2016나62430
배당이의
Text

1. At the request of a change in the trial, the part of the plaintiff A’s claim in the judgment of the court of first instance shall be changed as follows:

Reasons

1. Basic facts

A. In relation to the ownership of real estate, Plaintiff B was the owner of Ilyang-dong Dong-gu E 229.9 square meters and above-ground buildings (hereinafter “instant real estate”) and the underground floor 01 square meters of buildings located in the Seoul Gwangjin-gu Seoul Special Metropolitan City F (hereinafter “F building”).

B. (1) On March 2, 2012, G entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) under which a loan of KRW 480,000,000 (hereinafter “instant loan”) is to be granted with the Korea Development Bank of Hansan (hereinafter “instant loan”) and the Plaintiff B guaranteed the said loan’s debt.

Under the loan transaction agreement of this case, the interest rate on the first 7.5% per annum shall be applied to the base rate for the three-month change cycle, the expiration date of the loan period shall be March 7, 2014, and the repayment method shall be determined to be fully repaid on the expiration date of the loan period, and the compensation rate for delay shall be as follows:

(C) On March 7, 2012, with respect to the real estate and the building in this case owned by the Plaintiff and the building in this case, the establishment of a mortgage (hereinafter “mortgage”) was registered on March 7, 2012, at the rate of damages for delay (Article 3(5) of the General Terms and Conditions on Credit Transactions (Article 3(5) of the General Terms and Conditions on Credit Transactions: (12.5) above 30 days in arrears and 90 days in arrears: (12.5) above 90 days in arrears: (12.5) above 12.

(2) On March 5, 2014, G entered into a loan transaction extension agreement with the said union (hereinafter “instant loan transaction extension agreement”). The interest rate was 5.5% per annum, applying the base interest rate for the three-month change cycle, and the expiration date of the loan period was March 7, 2016, and the loan repayment method was determined to be fully repaid on the expiration date of the loan period.

The loan transaction agreement of this case shall be 30 days in arrears with respect to the delay rate as follows.

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