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(영문) 의정부지방법원 고양지원 2017.02.02 2016가단12734
대여금
Text

1. The Plaintiff:

A. As to KRW 579,176,371 and KRW 335,010,00 among them, Defendant A shall be from March 23, 2016 to April 21, 2016.

Reasons

1. Facts of recognition;

A. The Defendants, as the parties, concluded a business agreement (hereinafter “instant business agreement”) with Dlimz Co., Ltd. (hereinafter “Dlimz”), and entered into an intermediate payment contract with the Defendants with respect to C Apartment-gu 301 Dongdong Construction Co., Ltd. (hereinafter “Sadong Construction”), and the Plaintiff entered into a contract for the sale of the instant apartment (hereinafter “the instant apartment”). around January 2008, the Plaintiff entered into a business agreement with Dlimz, Newdong Construction, and the instant apartment, with respect to the payment of the intermediate payment and the payment of loans in accordance with the sale of the instant apartment (hereinafter “instant business agreement”). The Defendants borrowed part payment to the Defendants as follows.

B. On June 15, 2009, Defendant A loaned KRW 335,010,000 to the part payments of the instant apartment to the part payments. Defendant A, on June 15, 2009, pursuant to the interest rate and overdue interest rate determined by the Plaintiff.

(hereinafter “instant loan”). At the time of the instant loan, Defendant B guaranteed the principal and interest of the loan within the scope of KRW 402,012,00.

C. (1) Defendant A lost the benefit of time due to delayed payment of interest on June 1, 201. (2) On March 22, 2016, the principal amount of the loan as of March 22, 2016 is KRW 335,010,000, and the interest in arrears is KRW 244,16,371.

Meanwhile, the overdue interest rate determined by the Plaintiff is 14.28% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of determination 1 as to the cause of the claim, Defendant A is obligated to pay to the Plaintiff the sum of KRW 579,176,371 of the principal and interest of the loan and KRW 335,00,00 of the principal and interest of the loan from March 23, 2016 to April 21, 2016, the delivery date of the original copy of the instant payment order, set by the Plaintiff, for the period from March 23, 2016 to April 21, 2016, the delivery date of the original copy of the instant payment order, as well as the delay damages calculated at the rate of 14.28% per annum prescribed by the Act on Special Cases concerning

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