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(영문) 서울중앙지방법원 2016.09.01 2015나60541
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. Basic facts

A. On May 25, 2008, the Defendant entered into a contract with the United Nations Co., Ltd. on the purchase of the apartment house No. 101 and No. 103 (hereinafter “the apartment of this case”) in the total price of KRW 377,72,000 from the Busan High Nations Co., Ltd.

The defendant agreed to borrow part of the intermediate payment from the plaintiff for the payment of the above parcelling-out price.

B. On June 27, 2008, the Plaintiff granted a loan of KRW 151,08,80,000 as a loan for KB house loan to the Defendant from June 27, 2008 to June 27, 2011.

(hereinafter “instant loan”). Details of the instant loan agreement and the basic terms and conditions of bank credit transactions are as follows:

Loan interest rate: A floating rate: A repayment prior to the due date for each three months: A debtor fails to repay any debt owed to the bank at the time limit even one of the several debts owed to the bank, or fails to repay any debt for which the due date has been lost, the bank shall demand in writing that the repayment, seizure, etc. be removed and the credit shall be restored if the debt is anticipated to be substantially dangerous; and the debtor shall lose the benefit of all debts owed to the bank after the period determined by the bank at least 10

(Article 7(3)1 of the General Terms and Conditions for Credit Transactions (Article 7(3) of the Terms and Conditions for Credit Transactions). The overdue interest rate applicable to the instant loan agreement has changed, and 15% per annum as of July 2, 2015.

C. Around February 2011, the Defendant delayed the payment of interest on the instant loan and lost the benefit of time at that time.

On April 201, the Defendant, instead of giving up sale of the apartment of this case, was to set up funds for the loans of this case through public sale procedures instead of giving up selling the apartment of this case.

After that, the trustee of the apartment of this case sold the apartment of this case to the third party on January 13, 2015, and the plaintiff received 151,088,800 won for the sale of the apartment of this case on January 30, 2015 and received some overdue interest and principal amount for the loan of this case on the 30th of the same month.

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