logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.07 2015나37084
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 14.68% per annum, which is the agreed interest rate from November 4, 2014 to the date of full payment, with respect to the total amount of principal and interest of KRW 29,202,624 as well as principal of KRW 25,492,50 as principal and interest of KRW 25,492,50, among them.

On February 25, 2008, the Defendant entered into a lease agreement with the company, such as Logn&C Co., Ltd. (hereinafter “Maurgn&C”) on the condition that the 7th floor unit of the Seoul Jung-gu C building should be leased in total at KRW 5,000,000.

B. On March 25, 2008, the Defendant entered into a loan transaction agreement with the Plaintiff on the loan amount of KRW 27,000,000, interest rate MOR (market procurement interest rate, rate of 2.5% (3 months during interest rate), and two-year loan transaction agreement (hereinafter “the loan transaction agreement in this case”).

C. The Plaintiff extended a total of KRW 25,492,50 to the Defendant in the manner of directly depositing the loan into the account of Logn&C pursuant to the instant loan transaction agreement.

On the other hand, as of November 3, 2014, the sum of principal and interest of the above loan obligations is KRW 29,202,624 (i.e., the sum of principal and interest of KRW 25,492,50,00, total of KRW 280,262 interest rate per annum). The overdue interest rate under the loan transaction agreement in this case is KRW 14.68 per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. If so, the plaintiff's claim should be accepted for the reasons, and the judgment of the court of first instance is just and reasonable, and the defendant's appeal is dismissed.

arrow