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(영문) 대구지방법원 2015.01.08 2014가합5368
약정금
Text

1. The Defendant’s KRW 250,000,000 as well as the Plaintiff’s annual rate from June 27, 2014 to January 8, 2015.

Reasons

1. Basic facts

A. On October 20, 2008, the Defendant borrowed KRW 250 million from C, and agreed that the due date for payment shall be “when the compensation for the fishery right was made due to the construction of D3 and 4.”

(hereinafter “the instant loan”). (b)

On June 201, the Dispute Resolution Co., Ltd. decided to purchase the Plaintiff’s husband’s non-party G and 11, which is the Plaintiff’s husband F, in the amount of KRW 1 billion, and on July 1, 2011, in relation to the remainder of KRW 400 million among the purchase amount, the Plaintiff, as the principal debtor, as the Plaintiff, and as its joint guarantor, the notary public prepared the debt repayment contract No. 175 of 201 as follows.

On July 1, 2011, the “AFE shall approve the fact that it has borne the following debts from the Plaintiff, and shall subscribe to the repayment of the debts under this contract and shall consent to the creditor. The type of the debt amount: Interest on the Contract Amount: 5% per annum on the last day of each month; overdue interest shall be paid at 12% per annum on the last day of each month: Payment by September 30, 201.”

C. On October 4, 2011, C transferred the instant loan loan claim held by C against the Defendant to the LOE, and the Defendant accepted it.

The LAE is currently insolvent.

E. The work was completed on August 2014 in Ulsan-gun H3 and 4 located in Ulsan-gun, Ulsan-gun.

[Reasons for Recognition] Service by Publication (Evidence Nos. 1, 2, 3-1, 2, and 4-1, 2, 3, and 5-8 of Evidence Nos. 1, 3-2, and 4-1, 3, and 8 of this Court, inquiry results on the Minister of Land, Infrastructure and Transport of this Court, results of an order to submit taxation information

2. Determination of the cause of the claim is a creditor of the Dispute Resolution E, who is a creditor of the Dispute Resolution Co., Ltd., and in this case a creditor of the Dispute Resolution Co., Ltd. exercises vicariously the claim

Therefore, the Defendant’s transfer amounting to KRW 250 million to the Plaintiff and the following day after the delivery date of the application for modification of the purport of the instant claim, the following day from June 27, 2014 to January 8, 2015, shall be 5% per annum under the Civil Act and the promotion of the lawsuit from the following day to the day of full payment.

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