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(영문) 인천지방법원 2016.10.14 2016가단28025
대여금
Text

1. As to KRW 270,792,819 and KRW 171,976,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 2, 2016 to May 14, 2016.

Reasons

1. Each fact in the separate sheet of facts supporting the claim shall be acknowledged in the absence of a dispute between the parties, or in the statement in Gap evidence 1 to 5, taking into account the overall purport of the pleadings.

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 171,976,00 won with the loan principal and damages for delay from January 4, 2012 to March 1, 2016, totaling KRW 98,816,819, totaling KRW 270,792,819, and the loan principal of KRW 171,976,00, totaling KRW 171,976,00 from March 2, 2016 to May 14, 2016, the delivery date of the original copy of the instant payment order, and damages for delay calculated at the rate of 13.05% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment.

B. The Defendant’s assertion and its determination (1) (A) concluded the loan transaction agreement of this case with Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) for the payment of the intermediate payment of the officetel sales contract, and formed a whole contract with the sales contract. Therefore, the loan transaction agreement of this case becomes null and void where the above sales contract is cancelled or cancelled, or the Defendant loses its profits due to the loan transaction agreement, and the Korea Asset Trust, etc. agreed to pay the Plaintiff the principal and interest directly instead of returning the purchase price to the Defendant. Since the Defendant lost its profits due to the loan transaction agreement, the Defendant is not liable to the Plaintiff pursuant to the loan transaction agreement.

(B) Even if the loan transaction agreement is not immediately terminated due to the lapse of the time limit, if the Defendant loses the benefit of the time limit for the loan transaction agreement in this case between the Plaintiff, Korean asset trust, and the Defendant, the principal and interest of the intermediate payment to be repaid to the Plaintiff shall be substituted.

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