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(영문) 인천지방법원 2015.11.26 2015가단50094
대여금등
Text

1. The Defendant’s annual interest in KRW 253,139,595 and KRW 169,784,00 among the Plaintiff, from July 2, 2015 to August 3, 2015.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition 1) Edidrid LLC Co., Ltd. was the executor of the business that newly constructs and sells Dteltels on the B and C ground of Yeonsu-gu Incheon, Yeonsu-gu, and the Korea Asset Trust Co., Ltd. was the trustee who entered into a trust agreement with Edidrid Ba and the instant sales business, and the Edidco Construction is the contractor of the instant business. 2) The Plaintiff entered into an agreement on the business of collective loan of intermediate payments with Edidrid Bad Ba, etc.

3) On December 10, 2009, the Plaintiff entered into a loan transaction agreement between the Defendant who purchased part of the Dtel and the Defendant who purchased it, which is stipulated as December 10, 2009 as the loan of general household loan of the subject of loan, principal 169,784,00 won, date of loan commencement, December 10, 2009, and December 31, 201, and accordingly, the loan was executed on December 10, 2009 (hereinafter “instant loan transaction agreement”) and the instant loan.

(4) As the term of the instant loan transaction agreement expires, the period during which the instant loan was due has arrived. The contractual delay rate from January 4, 2012 to February 28, 2015, which is the following day of January 3, 2012, determined by the Plaintiff as the base date for calculating damages for delay, is 14.05% per annum and 13.05% per annum thereafter.

5) As of July 1, 2015, the sum of the principal and interest of this case as of July 1, 2015 is KRW 252,539,745 ( = the principal of the loan plus KRW 169,784,00 overdue interest of KRW 82,75,745). 6) Meanwhile, according to the bank credit transaction basic terms and conditions applicable to the loan transaction in this case, according to the bank credit transaction agreement applicable to the loan transaction in this case, the debtor shall bear the expenses incurred by the Plaintiff in order to preserve the Plaintiff’s claim against the obligor due to the obligor’s nonperformance. The legal expenses incurred by the Plaintiff

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

B. According to the above facts of recognition, the defendant, unless there are special circumstances, shall be the plaintiff on 253.

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