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(영문) 인천지방법원 2015.10.16 2015가단48381
대여금
Text

1. The Defendant’s annual interest in KRW 188,683,019 and KRW 126,528,00 among the Plaintiff, from July 2, 2015 to July 27, 2015.

Reasons

1. Determination on the cause of the claim

A. 1) E.S. E.D. is a business of newly constructing and selling Dtel on the Yeonsu-gu Incheon and C’s ground (hereinafter “instant sales business”).

(2) The Plaintiff entered into an agreement on collective loan of intermediate payment with Edidrid, etc., and the Plaintiff entered into an agreement on collective loan of intermediate payment with Edidrid, etc., as a trustee who entered into a trust agreement on the instant sales business with Edidrid.

3) On December 10, 2009, the Plaintiff entered into a loan transaction agreement between the Defendant who purchased part of the instant officetel and the Defendant who purchased it on December 10, 2009 (hereinafter “instant loan transaction agreement”). The loan transaction agreement between the Plaintiff and the Defendant (hereinafter “instant loan transaction agreement”) stipulated as of December 31, 201, the loan principal of the loan, the loan principal of KRW 126,528,00, and the starting date of the loan.

(2) In accordance with the above agreement, on December 10, 2009, the above loan (hereinafter “instant loan”) was concluded.

(4) The contractual delay rate from January 4, 2012 to February 28, 2015, which is the date following the date of calculating damages for delay, was 14.05% per annum and thereafter the contractual delay rate is 13.05% per annum.

5) As of July 1, 2015, the sum of the principal and interest of this case as of 188,199,99 won (i.e., the loan principal plus interest of KRW 126,528,00,000). (vi) Meanwhile, according to the basic terms and conditions of loan transaction applicable to the loan transaction of this case, according to the Plaintiff bank credit transaction agreement applicable to the loan transaction of this case, the Plaintiff shall bear the Plaintiff’s 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 in relation to an application for provisional attachment for securing the claim of this case are KRW 4

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

B. Determination

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