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(영문) 서울북부지방법원 2016.12.16 2016가단127463
대여금
Text

1. As to KRW 613,710,00 and KRW 369,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 613,710,000 from March 28, 2016 to May 25, 2016.

Reasons

1. Facts of recognition;

A. The non-party Dratts Co., Ltd. (hereinafter “Dratts”) is an executor who newly built and sold the apartment house B (hereinafter “the apartment of this case”). The new East Asian Construction Co., Ltd. (hereinafter “new East Asian Construction”) entered into a contract with Dratts for the new apartment of this case and newly built the apartment of this case.

B. On March 2, 2012, the Plaintiff (the Plaintiff was the lender of the National Agricultural Cooperative Federation at the time, but the Plaintiff was divided and established by the National Agricultural Cooperative Federation on March 2, 2012, and the lender was changed to the Plaintiff) was a financial institution that granted a loan of intermediate payments for the buyers of the instant apartment. On January 2, 2008, the Plaintiff entered into a loan agreement (hereinafter “the loan agreement of this case”) with the Plaintiff to carry out a loan of intermediate payments to the buyers and deposit money into the deposit account designated by drhz (hereinafter “the instant loan agreement”).

C. On April 4, 2009, the Defendant entered into a contract with Dlimz and 303 dong 1602 of the instant apartment purchase price of KRW 738 million (hereinafter “instant sales contract”). D. The Defendant is a buyer who entered into the sales contract of this case.

On May 20, 2009, the Defendant entered into a loan agreement with the Plaintiff to obtain a loan of KRW 369 million from the intermediate payment pursuant to the instant loan agreement (hereinafter “instant loan agreement”), and drafted a loan transaction agreement with the Plaintiff having the interest rate, the due date for repayment, etc. as public space.

Dratts jointly and severally guaranteed the Defendant's obligations under the loan agreement of this case.

E. The Defendant delayed the payment of interest on loans, thereby losing the benefit of time. The Defendant’s obligation for loans until March 27, 2016, including the principal amount of KRW 369,00,000, interest amount of KRW 244,710,000, is KRW 613,710,000, and the overdue interest rate at the time of the base date is 13.18% per annum.

F. The Defendant’s instant case.

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