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(영문) 대구지방법원 2016.09.06 2016가단1080
대여금및건물명도등
Text

1. Defendant A’s KRW 14,700,000 as well as the Plaintiff’s KRW 4.02% per annum from October 21, 2015 to October 27, 2015.

Reasons

1. Facts of recognition;

A. On October 5, 201, the Plaintiff: (a) the interest rate of KRW 14,700,000 to Defendant A is in accordance with the changed interest rate under Article 3(2)2 of the General Terms and Conditions for Credit Savings Depository Credit Transactions; (b) the delayed compensation rate is in accordance with Article 3(5) of the Basic Terms and Conditions for Credit Savings Depository Credit Transactions within the limit of 22% per annum; and (c) the due date was extended on September 20, 2013 (round September 30, 2013, the due date was extended on September 30, 2015, but thereafter was extended on September 30, 2017).

(hereinafter “instant loan agreement”). (b)

Meanwhile, around September 26, 201, Defendant A leased the instant real estate from the Korea Land and Housing Corporation by setting the lease deposit of KRW 18,700,00, monthly rent of KRW 114,290, and the lease term of KRW 114,290, from October 1, 201 to September 30, 2013.

C. On October 5, 201, the Plaintiff, while entering into the instant loan agreement with Defendant A, received the claim for the refund of the lease deposit against the Korea Land and Housing Corporation, which Defendant A had against the Korea Land and Housing Corporation, and at that time, Defendant A notified the Korea Land and Housing Corporation of the said transfer of the lease deposit.

Defendant A began to delay interest from October 21, 2015, and the normal interest rate at the time is 4.14%, and the delayed compensation rate is 13.86% per annum.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, each entry of Eul evidence 1, and the purport of whole pleadings]

2. Determination as to the cause of action

A. According to the facts of recognition, Defendant A is liable to pay to the Plaintiff the interest or delay damages at a rate of 14,700,000 per annum from October 21, 2015 to October 27, 2015, as sought by the Plaintiff, in accordance with the delayed compensation rate of 18% per annum, barring any special circumstance.

B. According to the facts of recognition, the Plaintiff acquired the claim for the return of the lease deposit with respect to the instant real estate from Defendant A, thereby realizing the instant claim.

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