(영문) 서울남부지방법원 2017.11.24 2017가단205114

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(영문) 서울남부지방법원 2017.11.24 2017가단205114

양수금

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1. The defendant shall pay 69,854,637 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On June 15, 2008, the Defendant entered into a sales contract with the petitioner construction company, Daeyang Industrial Development Co., Ltd., and the No. 505 Dongdong-dong 2204, Goyang-dong 2200, and paid 10,000,000 won to the petitioner construction company on the same day.

B. On November 28, 2008, the Defendant entered into an agreement with the new bank (hereinafter “new bank”) to obtain a general loan (hereinafter “instant loan”) with the following content on February 28, 201, with the lending limit of KRW 278,960,000, and with the expiration date of the lending period as of February 28, 201.

- The loan interest rate shall be a floating rate, which shall be a rate calculated by adding 1.85% to the interest rate of three-month CDs, and the rate of interest shall be three months.

-The additional interest rate on arrears shall be 1% within one month to three months, and 2% where the period in arrears exceeds three months.

- Loan implementation methods shall be implemented by the Bank in installments by checking the use and amount of the funds and by means of documentary evidence or in-kind, etc. within two and three months from November 28, 2008, the date of commencement of the loan.

- The loan shall be repaid in full on the expiration date of the loan period.

The first interest shall be paid within one month from the starting date of the loan, and the interest thereafter shall be paid within one month from the following day after the last day of the calculation of the interest paid.

- If, upon the expiration of the lending period, the Bank has examined and approved the extension of the lending period in accordance with the criteria set by the Bank, and without recourse to a separate agreement on the extension of the lending period and the change in the interest rate, it will deal with the extension of the repayment period and the change in the interest rate as determined by the

C. The instant loan was executed three times from November 28, 2008 to July 20, 2009, in total, KRW 278,960,000. The term of the loan was extended on or around January 31, 2011, and then again, extended on or around June 30, 201, respectively.

유사 판례

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