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(영문) 의정부지방법원 고양지원 2017.01.19 2016가단83507
대여금 등
Text

1. The Plaintiff:

A. As to KRW 648,491,701 and KRW 341,00,000 among Defendant A, Defendant A shall be from March 21, 2016 to June 13, 2016.

Reasons

1. Basic facts

A. On June 3, 2009, the Defendants as the parties entered into a business agreement with drts Co., Ltd. (hereinafter “drts”) and the above company, and entered into a sales contract with dong Construction Co., Ltd. (hereinafter “new dong Construction”) with respect to 406 Dong-gu 405 (hereinafter “the apartment of this case”). The Plaintiff entered into a business agreement with drts and new dong Construction and the sales contract with the Defendants on January 3, 2008 regarding the payment of part payments and loans for the apartment of this case (hereinafter “the instant business agreement”). The Plaintiff is a financial institution that borrowed part payments to the Defendants as follows.

B. For the payment of the intermediate payment of the instant apartment, Defendant A agreed to follow the interest rate and overdue interest rate determined by the Plaintiff, and each of the loans received KRW 341,00,000,000, which constitutes the intermediate payment from July 1, 2009 to May 15, 2009 (the first loan), and KRW 68,200,000, which constitutes the intermediate payment on December 14, 2010 (the second loan).

(hereinafter “instant loan”). At the time of the instant loan, Defendant B jointly and severally guaranteed the principal and interest obligation of the primary loan to the extent of KRW 443,30,000, and the principal and interest obligation of the secondary loan to the extent of KRW 81,840,00.

C. (1) Defendant A lost the benefit of time due to delay in payment of interest accrued from January 17, 2012 for the first loan, and from July 3, 2012 for the second loan, Defendant A lost the benefit of time due to delay in payment of interest accrued from July 3, 2012. (2) As of March 20, 2016, the balance of the first loan as of March 20, 2016 is KRW 341,00,000, interest amount is KRW 203,232,474, interest amount is KRW 68,20,000, interest amount is KRW 36,059,227.

On the other hand, the overdue interest rate determined by the Plaintiff is 13.3% per annum in the case of the first loan, and 13.26% per annum in the case of the second loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 (including branch numbers, if any) and the purport of the whole pleadings

2. The argument and judgment.

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