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(영문) 인천지방법원 2016.10.20 2016가단10154
대여금
Text

1. As to KRW 273,610,386 and KRW 171,620,00 among them, the Defendant shall annually pay to the Plaintiff KRW 273,610,386 from January 8, 2016 to April 12, 2016.

Reasons

1. Basic facts

A. On October 18, 2009, the Plaintiff entered into a loan transaction agreement with B with the following terms. From December 10, 2009 to December 171, 2009, the Plaintiff loaned KRW 171,620,000 (hereinafter “instant loan agreement”) (hereinafter “instant loan agreement”) and the Defendant assumed the obligation against the Plaintiff under the instant loan agreement with B on March 15, 2010.

The interest rate on loans: 1.5% (based on the lending date: 4.29% per annum) of the yield on three-month CDs: The expiration date of the lending period: the maximum damages rate on December 31, 201: 19% per annum.

B. The Defendant did not repay the principal and interest of the above loan, and the amount of the Plaintiff’s loan to the Defendant as of January 7, 2016 is as follows.

171,620,00 won 101,990,386 won 273,610,386 won interest rate of 14.05% per annum 14.05% per annum of interest rate of 173,610,386 won in aggregate of interest on the balance of the loan principal and damages for delay [the grounds for recognition: the absence of any dispute; the entries in Gap 1

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 273,610,386 as well as the principal of KRW 171,620,00 among the principal and interest of KRW 171,620,00 from January 8, 2016 to April 12, 2016, the agreed interest rate of KRW 14.05% per annum and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Defendant’s assertion and judgment

A. The gist of the Defendant’s assertion (1) The instant loan agreement was concluded for the payment of the intermediate payment of the instant officetel purchased by the Defendant to B (hereinafter “the instant officetel”). As the instant sales contract was incorporated into the sales contract and integrated into the sales contract, the instant loan agreement was terminated or terminated in the instant case.

In addition, if the defendant loses the benefit of time under the loan agreement of this case, the Korean assets trust, etc. shall be substituted by returning the proceeds of sale to the defendant.

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