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인천지방법원부천지원 2016.11.16 2016가단13293

1. The Defendant’s annual interest in KRW 587,711,188 and KRW 341,00,000 among the Plaintiff, from March 25, 2016 to May 2, 2016.


1. Basic facts

A. The name of the apartment building to be constructed through the pre-sale after pre-sale (hereinafter “the apartment of this case”) is “C apartment building” located in Yongsan-gu, Yongsan-gu, Yongsan-gu, and the executor is “Dlimz Co., Ltd.,” and the Si Corporation is “Saedong Construction Co., Ltd...........” After the purchase of the apartment, the executor and the Si Corporation received a loan from the financial institution introduced by the executor and the Si Corporation, and the Plaintiff was established by the National Agricultural Cooperative Federation on March 2, 201

The plaintiff and the National Agricultural Cooperative Federation, a telegraphic person, are referred to as the plaintiff, except in extenuating circumstances.

The loan contract (hereinafter “instant loan contract”) entered into with and borrowed KRW 341,00,000 on May 20, 2009.

B. The Plaintiff, with the consent of the Defendant, paid the loan by depositing the money into the financial account for the collection of the selling price of the city immediately without going through the Defendant.

C. The instant apartment house obtained approval for use on or around March 201, and the executor paid the loan interest rate by March 30, 201 (pre before the date of occupancy) in accordance with the agreement with the Defendant.

On April 14, 2011, the executor completed the registration of ownership preservation on the apartment of this case in his name.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence, Eul 1, the purport of the whole pleadings

2. Principal and interest of loans;

A. 1) The parties’ assertion 1) As the period of repayment stipulated in the loan agreement in this case’s assertion has arrived, the Defendant is obligated to pay the Plaintiff the principal of the loan and interest or damages for delay from March 31, 201 to the Plaintiff. 2) The Defendant’s assertion that the loan agreement was made by the Defendant at the time of the loan agreement in this case includes only the principal of the loan. As such, the Plaintiff has no right to seek interest, damages for delay, etc.,

B. Whether the Defendant entered into an agreement on interest 1 and delay damages shall be used by the Plaintiff at the time of the instant loan agreement.