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(영문) 인천지방법원 2015.06.04 2014가단70015
청구이의
Text

1. The plaintiff's claim of this case is dismissed.

2. Cases in which this Court has applied for the suspension of compulsory execution No. 2014 Chicago2719.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2:

On July 13, 2006, the Defendant lent 6 million won to the Plaintiff at an annual interest rate of 24% per annum, and as of July 13, 2006, the due date for repayment was determined and lent to the Plaintiff, and the Plaintiff was assigned the right to refund the lease deposit amount of 14,352,000 won for the real estate listed in the attached list (hereinafter “instant real estate”) which the Plaintiff had against the Korea National Housing Corporation as security title.

B. However, in order to recover the principal and interest of the instant real estate, the Plaintiff did not pay the principal and interest of the loan, and the Defendant filed a lawsuit demanding the Plaintiff to terminate the lease contract on behalf of the Korea National Housing Corporation in lieu of the Plaintiff and deliver the instant real estate to the Korea National Housing Corporation in order to collect the principal and interest of the loan.

(Macheon District Court 2009Kadan37809). (c)

On October 12, 2009, the court of the lawsuit rendered a ruling of recommending reconciliation with the following contents, and the plaintiff and the defendant did not raise any objection thereto, which became final and conclusive around that time.

1) On July 13, 2006, the Plaintiff confirmed that the Defendant has a debt of KRW 60 million with respect to the borrowed amount. 2) The Plaintiff shall pay 2.6 million overdue interest for the borrowed amount to the Defendant until November 10, 2009, and 2.6 million interest for the borrowed amount from November 11, 2009 to 10,000 won each month (from November 11, 2009 to the 10th day of that following month).

3. If the Plaintiff fails to comply with paragraph 2(a) or fails to pay the interest payment under paragraph 2(b) more than three times, the repayment period for the loan immediately arrives without any particular notice, and the Plaintiff immediately orders the Korea National Housing Corporation to collect the loan.

2. The party's assertion and judgment

(a)a party’s assertion;

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