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(영문) 부산지방법원 2014.12.17 2014가단42307
대여금
Text

1. The defendant shall pay to the plaintiff KRW 73,552,102 as well as KRW 69,182,676 among them, from May 21 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 10 (including paper numbers) and Eul evidence Nos. 1, the plaintiff purchased 461,50,000 won as part payments to the defendant who purchased 461,50,000 won and 201 "C Apartment" newly constructed in Gangseo-gu Busan Metropolitan Government B on August 16, 2007, the due date for payment of 461,50,00 won was extended to August 16, 2010 (this later, extended to August 16, 2013), the interest rate according to the terms and conditions, the interest rate and the delayed interest rate shall be set to be in accordance with the interest rate under Article 6 of the Loan Transaction Agreement (hereinafter "the loans in this case"), and the above sales contract was terminated due to the defendant's reasons, the plaintiff was 39,500 won and overdue interest rate of 250% as of December 9, 2013 to 26.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the agreed interest rate of 14.23% per annum from May 21, 2014 to the date of full payment of the loan principal of KRW 73,552,102 and the balance of the loan principal of KRW 69,182,676.

2. Judgment on the defendant's assertion

A. The defendant did not receive the loan of this case from the plaintiff, and the loan was deposited into Korea Doz Co., Ltd. regardless of the defendant in its entirety, and the loan of this case to the plaintiff at the time of the loan contract of this case, the loan period, the agreed interest, and the compensation rate for delay.

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