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(영문) 인천지방법원부천지원 2016.11.16 2016가단12290
대여금
Text

1. As to KRW 856,158,639 and KRW 495,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 856,158,639 from March 25, 2016 to April 29, 2016.

Reasons

1. Basic facts

A. The Defendant’s apartment building to be built through the pre-sale after pre-sale (hereinafter “instant apartment”) is an apartment building in Yongsan-gu, Yongsan-gu, Yongsan-gu, and the executor is “Dlimz Co., Ltd.” and the Si Corporation is “Selimz Co., Ltd.,” and the Si Corporation is a “Sedong-dong Construction Co., Ltd...........” The Plaintiff was divided into the National Agricultural Cooperative Federation on March 2, 2012.

The plaintiff and the National Agricultural Cooperative Federation, a telegraphic person, are referred to as the plaintiff, except in extenuating circumstances.

The loan contract (hereinafter “instant loan contract”) entered into with and borrowed KRW 495,000,000 on June 15, 2009.

B. The Plaintiff, with the consent of the Defendant, paid the loan by depositing the money into the financial account for the collection of the selling price of the city immediately without going through the Defendant.

C. The instant apartment house obtained approval for use on or around March 201, and the executor paid the loan interest rate by March 30, 201 (pre before the date of occupancy) in accordance with the agreement with the Defendant.

On April 14, 2011, the executor completed the registration of ownership preservation on the apartment of this case in his name.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence, Eul 1, the purport of the whole pleadings

2. Principal and interest of loans;

A. 1) The parties’ assertion 1) As the period of repayment stipulated in the loan agreement in this case’s assertion has arrived, the Defendant is obligated to pay the Plaintiff the principal of the loan and interest or damages for delay from March 31, 201 to the Plaintiff. 2) The Defendant’s assertion that the loan agreement was made by the Defendant at the time of the loan agreement in this case includes only the principal of the loan. As such, the Plaintiff has no right to seek interest, damages for delay, etc.,

B. Whether the Defendant entered into an agreement on interest 1 and delay damages shall be used by the Plaintiff at the time of the instant loan agreement.

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