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(영문) 서울중앙지방법원 2016.09.21 2016가단70780
대여금 등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 945,469,69,690 and the amount of KRW 512,867,865 from January 4, 2016 to the date of full payment.

Reasons

1. According to the evidence evidence No. 1 to 4 of the judgment as to the cause for the claim, the facts are recognized as identical to the statement in the cause for the claim. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at the agreed rate of 15% per annum from January 4, 2016 to the date of full payment, with respect to KRW 945,469,69,690 in the balance of the principal and interest of the loan and KRW 512,867,865 in the balance of the loan principal.

2. Judgment on the defendant's assertion

A. The defendant asserts that the loan contract between the defendant and the plaintiff was concluded for the payment of the intermediate payment set forth in B 405 Dong 2601, which the defendant bought in lots. Since the above apartment sale contract was cancelled, the plaintiff's claim is unjust.

B. However, the loan contract between the defendant and the plaintiff and the above apartment sale contract are separate contracts with different parties, and if the apartment sale contract is cancelled due to the circumstance as alleged by the defendant, the defendant's obligation under the loan contract is also extinguished.

C. Therefore, the defendant's argument is without merit.

3. Full acceptance of the Plaintiff’s claim

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