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(영문) 춘천지방법원영월지원 2016.06.01 2015가단2916
대여금 및 건물명도
Text

1. Defendant A’s interest in KRW 19,275,610 among the Plaintiff and KRW 16,00,000 among the Plaintiff, from September 7, 2015 to the day of full payment.

Reasons

In fact, Defendant A was loaned KRW 16,00,000 from the Plaintiff on September 10, 2013 by setting the due date of reimbursement of KRW 16,00,000 as 18% per annum on September 10, 2014.

Defendant A, on September 4, 2013, leased the instant apartment (hereinafter “instant apartment”) by setting the deposit amount of KRW 24,00,000, monthly rent of KRW 37,000, and the lease term as of August 31, 2014, with respect to the real estate listed in the attached list (hereinafter “instant apartment”) from the date of Jinal Co., Ltd., Ltd., and received delivery from the said company.

On September 6, 2013, Defendant A transferred the right to refund the lease deposit of this case to the Plaintiff as a security for the above loan obligation, and notified the transfer of this case to the Plaintiff at the time of early September.

On April 16, 2014, Jinal Co., Ltd. sold the apartment of this case to the subordinate company, and completed the registration of ownership transfer to the above company on June 11, 2014. Defendant B purchased the apartment of this case from the subordinate company on June 2, 2014, and received the registration of ownership transfer on the apartment of this case on June 11, 2014.

Defendant A did not pay interest on the said loan to the Plaintiff after September 10, 2014, and did not pay the Plaintiff the principal and interest of the loan on October 31, 2014, which is due.

As a result, as of September 6, 2015, the sum of the principal and interest of a loan to be paid to the Plaintiff by Defendant A as of September 6, 2015 is KRW 19,275,610 (=interest of KRW 16,00,000 on the principal and interest of the loan and delay damages based on the agreed interest rate of KRW 18% per annum).

【In accordance with the facts of the recognition of the claim against Defendant A based on the evidence Nos. 1 through 4 and the purport of the entire pleadings, the Defendant A is obligated to pay to the Plaintiff delay damages at the rate of 18% per annum, which is the agreed interest rate of 16,00,000 won from September 7, 2015 to the date of full payment, with respect to the outstanding principal and interest of interest of 19,275,610 won and the principal of the loan, and the agreed interest of 16,00,000 won.

The Plaintiff filed a claim against Defendant B.

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