logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.04.12 2018가단9965
대여금등
Text

1. Defendant B’s interest rate of KRW 40,154,703 and KRW 39,900,00 among the Plaintiff shall be from May 1, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 21, 2014, the Plaintiff loaned KRW 39,900,000 to Defendant B, respectively, at the rate of interest rate of 6% per annum until February 28, 2018, and at the rate of overdue interest rate of 10% per annum or 12% per annum according to the agreed interest rate of overdue interest, respectively.

(Provided, however, the interest rate in arrears applied by the Plaintiff is 3% per annum. (hereinafter referred to as the “instant loan agreement”). (B) The loan agreement which constitutes the cause of the said loan.

On June 27, 2013, Defendant C entered into a lease agreement with the Korea Land and Housing Corporation by setting the starting date of the term of the lease contract as KRW 49,900,00 with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”), respectively. On February 23, 2016, Defendant C extended the lease agreement by setting the lease term as KRW 52,345,00 by increasing the lease term from March 1, 2016 to August 28, 2018, respectively.

C. On February 20, 2014, Defendant C transferred KRW 49,900,000 to the Plaintiff, among the claims for return of lease deposit under the said lease agreement, to secure the payment of loan obligations under the instant loan agreement, and the Plaintiff was delegated with the authority from Defendant C, and notified the Korea Land and Housing Corporation of the assignment of the said claim on the same day.

On the other hand, on February 21, 2014, Defendant C promised to deliver the instant apartment, which is the leased object, to a person designated by the Plaintiff immediately so that the Plaintiff may receive a direct refund of the lease deposit from the Korea Land and Housing Corporation even during the lease term (hereinafter “instant promise”).

E. As of April 16, 2018, the Defendant delayed the payment of the instant loan agreement and as of April 30, 2018, the principal and interest of KRW 40,154,703 (i.e., the principal and interest of KRW 39,900,000).

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, respectively,

arrow