(영문) 전주지방법원 2016.10.26 2016가단11457

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2016.10.26 2016가단11457

대여금

Text

1. The Defendant’s KRW 102,320,000, and 8.2% per annum from May 31, 2010 to July 30, 2010 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 27, 2009, the Plaintiff prepared a sales contract with B Co., Ltd. (hereinafter “B”) and B to purchase D apartment 102 Dong 105, 105 (hereinafter “instant commercial building”) scheduled to be newly built in Suwon-si C and 49 parcels (hereinafter “instant commercial building”) at KRW 258 million.

B. In order to pay the intermediate payment of the instant commercial building on October 27, 2009, the Plaintiff borrowed KRW 12,320,000 from the Defendant on October 29, 2009 from the date of loan commencement, and on April 29, 201, 100,000 won was determined as of April 29, 201 (hereinafter “instant loan agreement”), and the loan transaction agreement drawn up at the time of the said loan agreement includes the following contents.

(1) Where interest, etc. are not paid on the fixed date, the amount to be paid shall be promptly paid for delay.

(2) When the loan balance is not performed or the benefit of time is lost due to the expiration of the loan period, compensation for delay shall be paid immediately after the expiration of the loan period.

(Article 6(2). The additional credit transaction agreement prepared at the time of the instant loan agreement states that the loan interest rate of 8.2% per annum shall be applied, and the interest rate of arrears shall be 25% per annum.

C. The Plaintiff repaid interest on the above loan to the Defendant by May 30, 2010, and subsequently, lost the benefit of time due to the Plaintiff’s failure to repay the principal and interest under the above loan agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed interest at the rate of 12.2% per annum from May 31, 2010 to July 30, 2010, with the agreed interest at the rate of 8.2% per annum from May 31, 2010 to the date of full payment, and the agreed interest at the rate of 25% per annum from the next day to the date of full payment.

3. Judgment on the defendant's assertion

A. The defendant's assertion may appear from B to the actual buyer.

유사 판례

-서울남부지방법원 2017.04.21 2016가합3813

-부산지방법원동부지원 2014.07.23 2013가단14769

-서울중앙지방법원 2015.03.12 2014가단215435

-부산지방법원 2014.12.11 2014나14471

-광주지방법원 2015.10.27 2015가단19679