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(영문) 의정부지방법원 고양지원 2017.02.09 2016가단84258
양수금
Text

1. As to KRW 192,429,342 and KRW 111,80,00 among them, the Defendant shall annually pay to the Plaintiff KRW 192,42 from April 4, 2016 to April 20, 2016.

Reasons

1. Facts of recognition;

A. On January 22, 2008, the Defendant entered into a sales contract with the dratz Co., Ltd. (hereinafter “dratz”) and the said company, and entered into a sales contract with the new East Asia Construction Co., Ltd. (hereinafter “new East Asia Construction”) on the dratium B apartment No. 412 Dong-dong 902 (hereinafter “the apartment of this case”).

On the other hand, Seoul National Agricultural Cooperative (hereinafter “Seoul National Agricultural Cooperative”) entered into a business agreement on the lending of intermediate payments and the payment of loans following the sale of apartment buildings in this case (hereinafter “the instant business agreement”) around January 2008, and extended intermediate payments to the Defendant. The Plaintiff received the principal and interest of loans from the Seoul National Agricultural Cooperative.

B. For the payment of intermediate payment of the instant apartment loan from the intermediate payment, the Defendant borrowed KRW 111,80,000 from the Seoul Arts and Agricultural Cooperative on April 15, 2010 during the loan transaction period from April 15, 2010 to March 31, 2040.

(hereinafter “instant loan”). C.

(1) On September 30, 2013, the Defendant lost the benefit of time due to the delayed payment of interest from March 31, 201. (2) The Seoul Arts Agricultural Cooperatives transferred the obligation to the Defendant to the Plaintiff and notified the Defendant of the purport of the transfer.

3) The balance of the loan principal as of April 3, 2016 is KRW 111,80,000, and interest in arrears is KRW 80,629,342. On the other hand, the overdue interest rate under the above loan agreement is KRW 14.65% per annum. [In the absence of any dispute over the grounds for recognition, the entries in subparagraphs 1 through 7, the evidence in subparagraph 1, and the purport of the whole pleadings, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the determination as to the cause of the claim 1, the Defendant is annually bound by the agreement from April 4, 2016 to April 20, 2016, which is the delivery date of the original copy of the instant payment order, as to the Plaintiff’s total amount of KRW 192,429,342, and the principal of the loan among them, as to the Plaintiff’s total amount of KRW 111,80,000,000.

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