logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.16 2014가단232218
대여금
Text

1. Defendant A: (a) with respect to KRW 73,166,079 and KRW 62,00,000 among the Plaintiff, 13.0% per annum from October 24, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Defendant Hyundai Construction participated in the housing redevelopment improvement project (hereinafter “instant rearrangement project”) implemented by the B Housing Redevelopment and Improvement Project Association (hereinafter “instant association”), around 2007, as a business executor, and the Plaintiff provided loans to the union members regarding the relocation expenses for the said project.

B. Of the contents of the loan agreements concluded between the Plaintiff, the instant association and the Defendant Hyundai Construction, the main parts relevant to the instant issues are as follows.

The relocation expenses shall be limited to the association of this case and the person who confirmed the association members and notified the plaintiff.

With respect to the loan of moving expenses to the owners of state-owned and public land without permission, the instant union and defendant Hyundai Construction shall stand joint and several sureties's obligation to repay loans.

The interest on the moving expenses shall be paid by Defendant Hyundai Construction to the Plaintiff on the payment date of interest every month.

C. Under the above loan agreement, Defendant Hyundai Construction: (a) jointly and severally guaranteed a repayment obligation of KRW 62,00,000,000, etc. borrowed from the Plaintiff by a member of the instant association; and (b) C transferred the status of its member to Defendant A around March 2013.

The Plaintiff notified the instant partnership of the foregoing fact, and entered into an acquisition agreement with Defendant A on the repayment obligation of moving expenses. D.

Defendant Hyundai Construction responded to the Plaintiff’s request for the payment of interest from the Plaintiff to Defendant A as the debtor on May 2013. However, upon the final judgment of nullification of the establishment of the instant partnership, Defendant Hyundai Construction rescinded the construction contract for the instant rearrangement project and rejected the payment of interest from June 20, 2013.

E. Accordingly, the due date has arrived immediately since the Defendant A’s interest in the repayment obligation was lost. As of October 23, 2014, the principal and interest of the loan to be repaid by Defendant A as of October 23, 2014, totaling KRW 73,166,079, KRW 62,000,000, agreed interest rate of KRW 341,016, interest rate of 10.

arrow