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(영문) 부산지방법원 2015.06.24 2014가단77297
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,014,419,455 and KRW 630,00,000 among them, from October 1, 2014 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 3 (including each number), the plaintiff entered into a housing loan agreement with the purport that on July 27, 2007, for the part payment of the defendant and Busan apartment (hereinafter " apartment of this case"), KRW 318,50,000, and KRW 311,50,000 for each of the expiration dates of the loans, the interest rate on July 27, 2010 shall be subject to Article 6 of the Loan Agreement, and the delayed interest rate shall be subject to the loan agreement with the defendant, and the interest rate on September 30, 2014 shall be 18%, the overdue interest rate as of September 30, 201, the total interest rate on the loan principal (630,000,000,000 won), interest rate of KRW 1,014,419,500,014,000.

2. The judgment of the defendant on the defendant's assertion that the non-party Liz Co., Ltd. (hereinafter "non-party company") built an apartment building in Gangseo-gu Busan, including the plaintiff, with a loan from 13 financial institutions including the plaintiff. The plaintiff ordered the non-party company to unlawfully divert the sales price paid by the buyers including the defendant to the non-party company to recover the loan. The non-party company knew of the false sales contract and aided the non-party company's bankruptcy. The non-party company, a guarantor of the non-party company, caused damages to the buyers including the defendant by allowing the non-party company to provide an apartment building different from the sales contract to the buyer, and each sales contract was terminated when the purchaser including the defendant filed a criminal complaint against the plaintiff and the Korea Housing Guarantee Co., Ltd.

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