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1. The Defendant: (a) KRW 179,661,469 among the Plaintiff and KRW 114,100,000 among the Plaintiff; and (b) from March 2, 2016 to April 8, 2016.
Reasons
1. Facts of recognition;
A. Esdidrid Bae Co., Ltd. (hereinafter “Esdidrid Ba”) is an executor of the business of constructing and selling Dteltel on the land B and C in Yeonsu-gu Incheon (hereinafter “instant sales business”). The Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is a trustee who entered into a trust agreement with Esdidrid Bae Bae Bae Bae and the instant sales business, and the Escco Construction Co., Ltd. (hereinafter “Scco Construction”) is a contractor of the instant business.
B. The Plaintiff entered into an agreement with Edidrid, Korea Asset Trust, and Spanco Construction (hereinafter “project entities”) on collective payments loans.
C. On December 10, 2009, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan transaction agreement”) with the Defendant who purchased the instant officetel 308 on December 10, 2009, under which the Plaintiff entered into a loan transaction agreement on December 31, 201 on the date of expiration of the loan term (hereinafter “instant loan transaction agreement”). The loan was executed on December 10, 2009 (hereinafter “instant loan”).
According to the term of validity of the loan agreement of this case, the term of validity for the loan of this case has arrived, and the annual interest rate of 13.05% per annum from March 1, 2015 is 13.05% per annum.
E. As of March 1, 2016, the sum of the principal and interest of this case as of March 1, 2016 is KRW 179,661,469 (the principal of the loan plus KRW 114,10,000 overdue interest KRW 65,561,469).
F. On July 16, 2013, the Defendant filed a lawsuit against the project proprietor and the Plaintiff in the Incheon District Court 201Gahap24216, and was sentenced to dismissal on July 16, 2013. The Defendant appealed (Seoul High Court 2013Na201905), but was sentenced to dismissal by the said appellate court on January 15, 2015. Although the Defendant filed a final appeal (Supreme Court 2015Da212190), the Defendant was sentenced to dismissal of appeal on August 13, 2015, and the said judgment was around that time.