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(영문) 서울중앙지방법원 2015.11.12 2015가단60892
대여금
Text

1. As to KRW 23,215,862 and KRW 20,910,00 among the Plaintiff, Defendant A’s interest rate of KRW 23,215,862 shall be from February 27, 2015 to the day of full payment.

Reasons

1. A request for loans to Defendant A;

A. (1) On December 21, 2012, the Plaintiff entered into a loan transaction agreement with Defendant A with a credit loan of the subject of loan, long-term repayment conversion loan, loan amounting to 24,600,000 won, loan maturity amounting to 24,60,000 won, and repayment date by installments each month, and paid 24,60,000 won to Defendant A in accordance with the said agreement.

(2) At the time of the loan transaction agreement, Defendant A approved the application of the General Terms and Conditions for Credit Transactions at the time of the loan transaction agreement, and pursuant to Articles 3 and 7 of the Terms and Conditions, Defendant A shall pay damages for delay pursuant to the interest rate determined by the Plaintiff

(3) Defendant A lost the benefit of time due to the delayed repayment of the loan.

The overdue interest rate determined by the Plaintiff is 15% per annum after January 25, 2015, and the principal and interest of the loan as of February 26, 2015 is 23,215,862 won, and the principal among them is 20,910,000 won.

【Ground for recognition】 Unsatisf

B. Accordingly, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 27, 2015 to the date of full payment of the principal and interest of loans of KRW 23,215,862 and KRW 20,910,000, whichever is applicable.

2. Claim for fraudulent act against Defendant B

A. (1) On July 9, 2014, Defendant A entered into a sales contract with Defendant B with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 160,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer to Defendant B on July 9, 2014.

(2) At the time of the instant sales contract, Defendant A did not own any property other than the instant real estate.

(3) At the time of the instant sales contract, Defendant A bears the collateral obligation of the Korea Agency Standards Bank, Inc. established on the instant real property, 60,000,000 won, and the obligation against the Plaintiff (principal amounting to KRW 20,910,00,00 and interest thereon).

[Based on recognition] The written evidence Nos. 4 and 5, Gangdong-gu of this Court,

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