(영문) 서울중앙지방법원 2016.12.13 2015가단104464

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(영문) 서울중앙지방법원 2016.12.13 2015가단104464

대여금 등

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1. Defendant A’s interest in KRW 91,774,723 and KRW 90,00,00 among the Plaintiff, from May 13, 2015 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant A

A. (i) On February 15, 2012, the Plaintiff entered into an agreement with Defendant A on general loans of KRW 90,000,000 with a loan amount of KRW 1 year (hereinafter “instant loan agreement”) and lent KRW 90,00,00 to Defendant A. The maturity of the instant loan agreement was renewed on May 15, 2015.

B. Since February 25, 2015, Defendant A lost the benefit of time due to his failure to pay the interest, and on May 13, 2015, Defendant A failed to pay the loan principal KRW 90,00,00,00, the agreed interest rate of KRW 1,213,815, overdue interest rate of KRW 561,90,75,723.

The rate of delayed damage under the loan agreement of this case is 15% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

B. According to the above facts of determination, Defendant A is obligated to pay to the Plaintiff the interest of KRW 91,775,723 under the instant loan agreement and the interest of KRW 90,00,00 of the loan principal, plus damages for delay calculated at the rate of 15% per annum, which is the agreed delay interest rate, from May 13, 2015 to the date of full payment.

2. Determination as to the claim against the defendant B

A. On February 25, 2015, Defendant A entered into a sales contract with Defendant B on the real estate listed in the separate sheet (hereinafter “instant apartment”) as one’s own ownership (hereinafter “instant apartment”), and accordingly, completed the registration of ownership transfer to Defendant B on February 27, 2015, as the registration of the Chuncheon District Court and the receipt No. 10303 on February 27, 2015.

In the case of the contract of this case, the defendant A's intent to commit suicide was recognized in light of the fact that the contract of this case was concluded almost close to the date of loss of the term of the loan agreement of this case.

In addition, the defendant A and the defendant B are relatives by marriage between the father and the wife, and the defendant B.

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