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(영문) 의정부지방법원 고양지원 2017.02.02 2016가단81778
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 156,631,687 as well as KRW 91,00,000 among them, 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 dlimz Co., Ltd. (hereinafter “dlimz”) and the said company, and entered into a sales contract with the new Eastdong Construction Co., Ltd. (hereinafter “Sadong Construction”) on the dlime-gu 416 Dong 2403 (hereinafter “the apartment of this case”).

On the other hand, the Gangnam Agricultural Cooperatives (hereinafter “Gangdong Agricultural Cooperatives”) entered into a business agreement on the lending of intermediate payments and the payment of loans for the sale of apartment buildings in this case (hereinafter “the instant business agreement”) around January 2008, and extended part payments to the Defendant. The Plaintiff was assigned the principal and interest of loans to the Defendant from the Gangnam Agricultural Cooperatives.

B. For the payment of the intermediate payment of the instant apartment loan from the intermediate payment, the Defendant borrowed KRW 91,00,000 from Gangseo-dong Agricultural Cooperative on April 15, 2010 with the term “from April 15, 2010 to April 13, 2040”, and “the changed interest rate, and the CD yield 2.25%”.

(hereinafter “instant loan”). C.

(2) On September 30, 2013, Gangnam Agricultural Cooperatives transferred its loan claims to the Plaintiff, and notified the Defendant of its purport on October 1, 2013.

3) The balance of the loan principal as of April 3, 2016 is KRW 91,00,000, and the interest in arrears is KRW 65,631,687. Meanwhile, 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 8, and 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: (a) as to the Plaintiff’s total sum of KRW 156,631,687 of the principal and interest of the loan and KRW 91,00,000 of the principal and interest of the loan; and (b) from April 4, 2016, the delivery date of the original copy of the instant payment order, from April 4, 2016.

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