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(영문) 제주지방법원 2019.08.13 2018가단7091
약정금
Text

1. The Defendant’s KRW 43,498,604 as well as 5% per annum from May 23, 2019 to August 13, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2016, the Plaintiff entered into a sales contract with the Plaintiff, the Plaintiff owned, for the purchase price of KRW 1,04,000,000,000 for KRW 7038 square meters (hereinafter “instant land”) prior to C, Jeju-si, Jeju-si, and agreed to receive KRW 100,000,000 on May 4, 2016, the remainder KRW 940,000 on the date of the contract and the remainder of KRW 94,00

B. The Defendant paid the Plaintiff the down payment of KRW 100,000,000 on the date of the contract, but failed to observe the remainder payment date, and the Plaintiff and the Defendant agreed to borrow the instant land as collateral and thereby appropriate the remainder for part of the remainder.

C. According to the foregoing agreement, on June 7, 2016, the Plaintiff was at the interest rate calculated by adding 2.48% interest rate to the interest base rate (EMR) on June 7, 2019 and at the rate of 18% per annum, and appropriated as part of the remainder after receiving the loan.

On June 7, 2016, the Plaintiff agreed to pay the interim redemption fee if all or part of the loans were repaid before the expiration date of the loan, while the Plaintiff completed the registration of creation of a mortgage on June 7, 2016 to the D Association as the Plaintiff, including the maximum debt amount of KRW 910,00,000, and the debtor as the Plaintiff.

On July 7, 2016, the Defendant paid KRW 2,410,00 to the Plaintiff as interest on the above loan obligation. On July 7, 2016, the Plaintiff paid KRW 2,409,836 as interest rate from June 7, 2016 to July 6, 2016.

E. After that, on January 18, 2018, the Plaintiff paid 4,830,000 won early termination fees to the D Association prior to the due date for the above loan obligation, and fully repaid the principal and interest of loan including 700 million won. Accordingly, the registration of creation of a neighboring mortgage was cancelled on January 18, 2018, and the total amount of the loan interest accrued until the time is 45,908,604 won.

F. Meanwhile, on June 29, 2018, the Plaintiff registered the transfer of ownership for the instant land to the Defendant on the ground of sale on June 29, 2018.

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