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(영문) 인천지방법원 2017.06.30 2016나12656
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Esdidrid Ba (hereinafter “Sdidrid Ba”) is an executor of the business (hereinafter “instant sales business”) that newly constructs and sells Btel (hereinafter “instant officetel”) on the Yeonsu-gu Incheon and D’s ground, and the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) entered into a trust agreement with Esdid Bad Ba and the instant sales business, and the Esco Construction (hereinafter “Sdico Construction”) is the contractor of the instant business.

B. Around September 2008, the Plaintiff entered into an agreement with Sdidrid, Korea Asset Trust, and Spoco Construction (hereinafter “project entity, etc.”) on the business of collective payments loans.

(hereinafter “instant Business Agreement”). (c)

On December 10, 2009, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) on December 31, 201 with the Defendant who purchased the instant officetel 903 and the Defendant, on December 10, 2009, with the loan principal of the loan, KRW 158,164,000, and the loan transaction agreement on December 31, 201 from the date of expiration of the loan term (hereinafter “instant loan transaction agreement”). Under the said agreement, the loan of KRW 158,164,00 on December 158, 209 (hereinafter “instant loan”).

According to the term of validity of the loan agreement of this case, the term of validity of the loan of this case has arrived, and the annual interest rate of 13.05% per annum from March 2, 2015 is 13.05% per annum.

E. As of March 1, 2016, the sum of the principal and interest of this case as of March 1, 2016 is KRW 249,04,492 (=the principal and interest of the loan KRW 158,164,00 overdue interest amounting to KRW 90,880,492).

【Facts without dispute over the grounds for recognition, entry of Gap's evidence 1 through 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, unless there are special circumstances, shall conclude the above 1-Ma against the plaintiff.

The original copy of the instant payment order was served from March 2, 2016, with respect to KRW 249,04,492 as stated in the port and the principal of the loan of KRW 158,164,00.

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