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(영문) 전주지방법원 2017.09.19 2016가단36517
차용금
Text

1. On June 7, 2016, the Defendant brought an all-round indictment against the Jeonju District Court on the real estate stated in the attached list from the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. On August 29, 2017, the Defendant recognized the authenticity of the evidence No. 1 at the date of the second pleading of the instant case as of August 29, 2017.

In full view of the purport of the oral argument, the Plaintiff deposited KRW 50,00,000 in the Defendant’s agricultural account on June 7, 2016, at an annual interest rate of KRW 30,00,000, and due date of maturity of September 7, 2016; however, the Plaintiff deposited KRW 3,770,492, the agreed interest rate of KRW 50,000 from June 8, 2016 to September 7, 2016, KRW 2,70,000 paid in cash, and KRW 973,00,000, which deducted approximately KRW 6,750,000 from the total amount of KRW 6,750,00,000, and the Defendant deposited KRW 43,250,000 in the Defendant’s agricultural cooperative account on June 7, 2016, with respect to real estate in the list of the Defendant’s ownership transfer claim registered.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum from November 15, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment, at the same time upon receipt of the procedure for registration cancellation of the provisional registration for the right to claim ownership transfer, which was completed by the Plaintiff as of June 7, 2016, pursuant to the former District Court indictment from the Plaintiff on the real estate listed in the attached list, as requested by the Plaintiff.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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