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(영문) 의정부지방법원 고양지원 2017.02.02 2016가단12680
대여금
Text

1. The Plaintiff:

A. As to KRW 678,752,853 and KRW 412,00,00 among them, Defendant A shall be from March 24, 2016 to April 21, 2016.

Reasons

1. Facts of recognition;

A. The Defendants, as the parties, concluded a business agreement with Dlimz Co., Ltd. (hereinafter “Dlimz”) and the above company, and concluded a sales contract with respect to C Apartment-gu 405 Dongdong Construction Co., Ltd. (hereinafter “Sadong Construction”), and the Plaintiff entered into a business agreement with the Defendants on January 2008 regarding the lending of intermediate payments and the payment of loans in accordance with the sale of the instant apartment (hereinafter “instant business agreement”), and extended part payment to the Defendants as follows.

B. On August 17, 2009, Defendant A loaned KRW 412,000,000 from the Plaintiff for the payment of part payments of the instant apartment to the part payments.

(hereinafter “instant loan”). At the time of the instant loan, Defendant B guaranteed the principal and interest of the loan within the scope of KRW 494,400,000.

C. (1) Defendant A lost the benefit of time due to delayed payment of interest on September 2, 201; (2) as of March 23, 2016, the balance of the principal of the loan as of March 23, 2016 is KRW 412,00,000, and the interest in arrears is KRW 266,752,853.

Meanwhile, the overdue interest rate determined by the Plaintiff is 13.18% per annum.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the determination on the cause of claim 1, Defendant A is obligated to pay to the Plaintiff a total of KRW 678,752,853 of the principal and interest of the loan and KRW 412,00,00 of the principal and interest of the loan from March 24, 2016 to April 21, 2016, the delivery date of the original copy of the instant payment order from March 24, 2016, to April 21, 2016, an annual interest rate of KRW 13.18% prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the full payment date, and Defendant B is obligated to pay damages for delay calculated by 1

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