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(영문) 서울북부지방법원 2017.05.19 2016가단129834
대여금
Text

1. As to KRW 458,252,296 and KRW 299,50,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 458,252,296 from March 25, 2016 to June 12, 2016.

Reasons

1. Basic facts

A. The non-party Dratts Co., Ltd. (hereinafter “Dratts”) is the implementer of the C Apartment-gu Seoul apartment (hereinafter “the apartment of this case”) that is newly built on Goyang-si Bable-si. The new Dongdong Construction Co., Ltd. (hereinafter “Saedong Construction”) entered into a contract for the new apartment of this case with Dratts and the new construction of the apartment of this case.

B. On January 208, 2008, the Plaintiff entered into a business agreement with the Plaintiff that, with respect to the part payment loan to the buyers of the instant apartment complex, the Plaintiff deposited the part payment loan to the account designated by the dlimz by implementing the part payment loan to the buyers, and where the sales contract is cancelled with the buyer who received the part payment loan and the buyer who received the part payment and the buyer who received the part payment are subject to the cancellation of the sales contract, the dlimz and the Newdong Construction shall pay the principal and interest

(hereinafter “instant Business Agreement”). (c)

On January 22, 2008, the Defendant concluded a sales contract on the instant apartment Nos. 404 1205 (hereinafter “instant sales contract”).

On May 20, 2009, the Defendant concluded an intermediate payment loan transaction agreement with the Plaintiff as KRW 299,50,000, interest rate fixed (to select Article 3(2)1 of the Framework Agreement on Credit Transactions (for household use), floating interest rate (to select Article 3(2)2 of the Framework Agreement on Credit Transactions (for household use), and concluded an intermediate payment loan transaction agreement with the expiration date of the loan until July 15, 201 (hereinafter “instant loan agreement”), and the Plaintiff paid the above loan directly to durz around that time.

The Defendant did not repay the principal and interest of the loan, thereby losing the interest due to the repayment of the loan obligation under the loan agreement of this case on July 3, 2013, and on March 24, 2016, the Plaintiff’s loan balance to the Defendant as of March 24, 2016 is the principal amount of KRW 299,50,000, total of KRW 158,752,296, and interest and delay delay rate of KRW 13.26%.

E. The defendant

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