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(영문) 서울남부지방법원 2018.01.18 2017나57217
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment is revoked.

The defendant 60.0

Reasons

1. Basic facts

A. On June 22, 2009, the Defendant borrowed KRW 307,200,000 from the new bank (hereinafter “new bank”) around June 22, 2009 in order to prepare part payments of the new apartment sold in lots (hereinafter “the instant loan”), and the main contents are as follows.

The subject of loan: (A) The maximum transaction (limit): 372,00,000 won loan commencement date: June 22, 2009: The loan interest rate: : the floating interest rate: 3 months during the period of loan; 2.8% interest rate: the minimum rate of 16% per annum; 19% per annum (the interest rate per annum shall be 0% within one month in arrears; 1.3 months in arrears and 2% where the amount exceeds 3 months; 2.4% of the principal and interest of the loan; 372,00,000 won; 2.4% of the loan due to the expiration date of the first loan; 1.4 months from the expiration date of the first loan; 2.14 months from the expiration date of the new loan; 2.4 months from the expiration date of the new loan; and 14.2 months from the expiration date of the new apartment sale contract; and 1.4 months from the expiration date of the new loan; and 2.14 months from the new apartment sale contract.

The detailed details are as follows: "The details of interest and delay damages" in attached Form.

E. Meanwhile, on December 24, 2013, the new bank is related to the instant loan to a limited liability company specialized in the C&C securitization.

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