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(영문) 수원지방법원 2015.04.16 2014가합10338
대여금
Text

1. The defendant shall pay to the plaintiff KRW 297,070,825 and KRW 225,580,00 among them from April 4, 2014 to the date of full payment.

Reasons

1. As to the cause of the claim, the Plaintiff leased KRW 104,650,00 to the Defendant on June 21, 2010 at the maturity of 7.2% per annum, and interest rate of KRW 7.2% per annum, and interest rate of KRW 25% per annum, and KRW 120,930,00 on October 21, 2010 at the maturity of payment rate of KRW 7.2% per annum, and interest rate of KRW 7.2% per annum, interest rate of KRW 25% per annum, and delay damages rate of KRW 20.3% per annum from June 21, 2010, KRW 208, KRW 205, KRW 308, KRW 205, KRW 205, KRW 208, KRW 360, KRW 205, KRW 381, and KRW 205, KRW 205, respectively, per annum, and KRW 38.45% per annum.

2. The defendant's argument regarding the defendant's assertion is that the defendant's living real estate trust (hereinafter "living real estate trust") is a company.

(3) The same construction company (hereinafter referred to as “same construction”)

Each of the loans of this case was received for the purpose of the purchase of new apartment units and the payment of the intermediate payment. The construction is delayed due to the reasons attributable to the trust of old real estate and the same construction, and the defendant was unable to move in, and the plaintiff can recover the loan by mutual consent with the trust of old real estate and the same construction in the position of the guarantor. Thus, it is argued to the purport that seeking payment against the defendant is improper.

However, as seen earlier, the obligor of each of the instant loan agreements is not the same.

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