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(영문) 서울중앙지방법원 2016.02.03 2015나22075
대여금 및 보증채무금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On February 23, 2009, the Defendants entered into an apartment sale contract with Dong Housing Construction Co., Ltd. (hereinafter “Non-Party Company”) with the content that the Non-Party Company will purchase KRW 329,100,000 (hereinafter “instant apartment sale contract”).

B. On March 16, 2010, Defendant A entered into a loan transaction agreement (hereinafter “the loan transaction agreement of this case”) with the Plaintiff and the Plaintiff on the same day with a maximum of KRW 131,640,00,000, interest rate of KRW 3.5% (the interest rate added to the above interest rate at the time of delay in repayment of interest and interest shall be the delayed interest rate, and the minimum of 14% per annum, maximum of 21% per annum per annum, and up to the maximum of 32 months per annum). Defendant B guaranteed Defendant A’s debt of Defendant A to the Plaintiff on the same day within the limit of KRW 171,20,000 (specific collateral guarantee).

C. In accordance with the loan transaction agreement of this case, the Plaintiff extended a total of KRW 131,640,000 to Defendant A with the payment date of the first or fourth intermediate payment of the above apartment (However, the payment method was made by the means that the Plaintiff directly pays the part payment to Nonparty Company), and the Defendant A delayed the repayment of the above loan.

On the other hand, as of September 12, 2012, the sum of principal and interest of the above loan obligation as of September 12, 2012 is KRW 147,940,637 (= Principal KRW 131,640,00 overdue interest of KRW 16,30,637). The delayed interest rate under the loan transaction agreement in this case is 14.52% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including provisional lot number circulation; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants shall jointly and severally pay to the Plaintiff the total amount of KRW 147,940,637 as well as the principal amount of KRW 131,640,00 from September 13, 2013 to the date of full payment, the agreed delay rate of KRW 14.52% per annum.

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