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(영문) 서울동부지방법원 2017.04.21 2016가단115587
양수금
Text

1. As to KRW 206,198,882 and KRW 119,80,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 206,198,882 from April 4, 2016 to April 20, 2016.

Reasons

1. In addition to the reasoning of Gap evidence Nos. 1 through 13 of the judgment as to the cause of the claim, Dlimz Co., Ltd. (hereinafter "Dlimz") newly constructed and sold the apartment complex C (hereinafter "the apartment complex of this case") located in Seoyang-si, Seoyang-si, Mangdong Construction Co., Ltd. (hereinafter "Dadong Construction") entered into a contract for new apartment construction with Dlimz and new construction of the apartment complex of this case. The defendant did not enter into a contract for 407 out of the apartment of this case 59,00,000 among the apartment of this case from dlimz on Jan. 27, 2008 and entered into a contract for 19,80,000,000 won in 50,000 won in 60,000 won in 10,000 won in 30,000,000 won in 10,000,000 won in 10,000.

According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 14.65% per annum from April 24, 2016 to April 20, 2016, the delivery date of a copy of the complaint of this case (the original copy of the payment order) with respect to the principal amount of KRW 206,198,882 as well as the principal amount of KRW 119,80,00,000, and statutory damages for delay calculated at the rate of 14.65% per annum from the following day to the date of full payment.

2. Judgment on the defendant's assertion

A. First, as to the instant loan, Drhz and New East Construction.

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