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(영문) 서울중앙지방법원 2014.11.14 2014나7345
대여금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 18, 2007, the Defendant entered into a sales agreement with the co-defendant Co-Defendant Co-Defendant, Ltd., Ltd. (hereinafter “Puos”) to sell B (hereinafter “instant store”) out of the stores of the Gwanak-gu Seoul Special Metropolitan City New C&P department store, where the C&P store was constructed by the C&P department, and the Puos was carried out by the Puos, for sale in lots at KRW 80,536,00.

(hereinafter “instant sales contract”). B.

Paragraph 2 of Article 5 of the above sales contract is defined as follows:

(A) “A” refers to the Defendant, “B”, and “B” shall pay the interest on the loans of “B” by the day preceding the scheduled date of occupancy, and “B” shall pay the interest on the loans of “B” to “A” on the first day of the scheduled date of occupancy.

C. On March 14, 2008, the loan period: 18,900,000 won to be used for the Defendant to pay the price during the sale in lots of the instant store (hereinafter “the first loan period”): three years; the application of the fluctuation rate in accordance with the terms and conditions; and the delay rate: The loan rate was set at the interest rate under Article 6 of the Loan Transaction Agreement; and the same year.

4. On April 28, 14,000 won (hereinafter “No. 2 loan”), each of the above loans was lent under the same name and conditions (hereinafter “each of the instant loans”).

As of January 25, 2013, the Defendant lost the benefit of time due to delay in payment of interest, and as of January 25, 2013, the obligation of the first loan of this case as of January 28, 2013 (i.e., principal amount of KRW 18,975,580 (i.e., interest rate of KRW 10,075,580). The obligation of the second loan of this case is KRW 42,734,501 (i.e., principal amount of KRW 28,00,000; overdue interest rate of KRW 14,734,501); and the agreed delay rate of interest rate of KRW 18%

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, barring special circumstances, shall pay the plaintiff the principal and interest of the first loan amount of KRW 28,975,580 and the principal of the loan amount of KRW 18,90.

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