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(영문) 수원지방법원 2016.06.29 2015가단33515
변상금 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 23, 2003, the Defendant concluded a loan agreement with the Plaintiff with respect to D school site D 7,134 square meters, E, 1,970 square meters prior to E, F, and 1,065 square meters prior to F, as well as 5 attached buildings, other than a single-story building of reinforced concrete slab bars, (hereinafter “instant real estate”).

(hereinafter referred to as the instant loan agreement) B.

According to the instant loan agreement, the loan period is from October 23, 2003 to October 22, 2004, and the total loan period is from October 23, 2003 to five years from the first loan commencement date ( October 23, 2003) to five years, and the loan period shall be renewed on a yearly basis; the first year shall be at 22,350,000 won, and the loan amount shall be calculated on a yearly basis pursuant to Article 92 of the former Enforcement Decree of the Local Finance Act (wholly amended by Presidential Decree No. 19226, Dec. 30, 2005) after the second year, and the defendant shall pay in full the loan amount within 30 days from the contract date, and if the plaintiff fails to pay in full, the contract may be terminated by the plaintiff.

C. Although the instant loan agreement was made as soon as possible until the third year of the contract, the Defendant filed an application for installment payment of the loan fee of KRW 55,880,930 on October 16, 2006, while the Plaintiff notified the Defendant that the loan fee will be paid in installments four times as follows.

The due date for the payment of the total amount of interest paid in installments 14,980,930,930 73,480 15,054,410, 613,50 613,50 15,913,500 15,913,500,500 384,684,000 384,684,000 15,684,000 on April 23, 2007; 10,300,000,000 10,30,300,300,000 10,300,300,0000, 300,0000, 100,454,500, 507. 23, 2007

D. The Plaintiff and the Defendant have renewed the contract for the fifth year (from October 23, 2007 to October 22, 2008) under the condition that the Defendant paid only one-time installment of the rent for the fourth year and did not pay it from the second year, and set the rent for the fifth year as KRW 65,830,550.

E. However, the defendant.

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