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(영문) 서울남부지방법원 2019.03.22 2018나60265
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The defendant is against the plaintiff succeeding intervenor 80,686.

Reasons

1. Facts of recognition;

A. On March 11, 2008, the Defendant sold the Yongsan-gu C Apartment E, Yongsan-gu, Busan, Inc. (hereinafter “D”) by Goyang-si.

B. For the payment of intermediate payment under the above sales contract, the Defendant received loans from the F Co., Ltd. (hereinafter “F”) on July 8, 2008 at the expiration date of the loan as February 28, 201, at the rate of 0.85% per annum, adding 9% per annum to the interest rate of late payment, at the rate of 16% per annum, and at the highest rate of 21% per annum, by adding 9% per annum per annum per annum to the interest rate of late payment.

(hereinafter “instant 1 loan”). C.

In addition, the Defendant borrowed 221,960,000 won from F on March 5, 2009 at the end of the lending period on February 28, 201; the loan interest rate is 2.3% per annum on the distribution profit rate of the CD 91-day water (three months per annum); the rate of delay damages is 9% per annum per annum, adding the rate of delay damages to the loan interest rate to 9% per annum on the annual interest rate; and was set at 16% per annum and 21% per annum.

(hereinafter “instant two loans”. According to each of the above loan agreements, the lending period may automatically be postponed after examining whether the extension of the lending period has been extended according to the standards set by F at the expiration of the lending period. When the principal and interest of the loans have not been paid at the due date, the Defendant shall pay damages for delay to the amount to be paid immediately. In the event of failure to perform the obligation at the expiration of the lending period or loss of the due date, damages for delay shall be paid to the balance of the loan immediately.

Since then, each of the instant loans was changed from February 28, 201 to March 30, 2012, and only the interest rate on each of the instant loans was paid until December 30, 2011.

E. On December 24, 2013, F transferred each of the instant principal and interest claims to G limited companies (hereinafter “G”).

Since then, the instant loan interest claim and damages for delay claim, G, the Plaintiff on January 22, 2016, and the Plaintiff on May 31, 2018.

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