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(영문) 인천지방법원부천지원 2016.10.19 2016가단106317
대여금
Text

1. As to KRW 626,921,620 and KRW 412,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 626,921,620 from March 17, 2016 to April 5, 2016.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter collectively referred to as the “Plaintiff”) entered into a loan agreement with the Defendant on the following terms: (a) the Plaintiff (the National Agricultural Cooperative Federation and the financial portion divided after the Plaintiff was established; (b) borrowed KRW 412,00,000,000.

(hereinafter referred to as "the loan agreement in this case" and the loan claim in this case: 412,00,000 won: Interest rate on October 15, 2009: Fixed interest rate (to select Article 3 (2) 1 of the Basic Terms and Conditions for Loan Transactions (hereinafter referred to as "the Loan Agreement in this case"): The expiration date of the loan period: July 15, 201: The repayment method shall be repaid in full on the expiration date of the loan period.

The rate of damages for delay (Article 3 (5) of the Framework Terms and Conditions on Credit Transactions (for Credit Transactions in Agricultural Cooperatives) shall apply) 412,00,000 won 214,921,620 won 626,921,620 won 13.26% of the total amount of interest and delay damages on the loan principal.

B. The Defendant did not repay the principal and interest of the above loan, and the Plaintiff’s loan balance against the Defendant as of March 17, 2016 is as follows.

[Ground of recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 4, 6, 8 (including branch numbers if there are branch numbers) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the sum of the principal and interest of KRW 626,921,620 and the principal of KRW 412,00,000 from March 17, 2016 to April 5, 2016, which is the service date of the original copy of the payment order of this case, the agreed delay interest rate of KRW 13.26% per annum, and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

3. Defendant’s assertion and judgment

A. The facts of recognition as the premise for the assertion 1) Newdong Construction Co., Ltd. (hereinafter “Newdong Construction”)

2) The apartment complex B (hereinafter referred to as the “instant apartment”) in Yongsan-gu, Yongsan-gu, Yongsan-gu.

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