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(영문) 수원지방법원성남지원 2015.07.23 2014가단2487
대여금
Text

1. As to KRW 702,166,510 and KRW 495,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 15,00 from January 21, 2014 until February 13, 2014.

Reasons

1. Obligation to pay principal and interest of loans;

(a) The following facts may be admitted either as a dispute between the parties or as a whole to each entry in Gap evidence Nos. 1, 2, and 3, with the overall purport of the pleadings:

① On October 15, 2009, the Plaintiff (the National Agricultural Cooperative Federation before the division) loaned KRW 495,00,000 to the Defendant as of July 15, 201.

② As of January 20, 2014, the loan principal and interest amounting to KRW 702,166,510 in total (i.e., the loan principal and interest amounting to KRW 495,00,00 in total, KRW 5,191,124 in the loan principal and interest amounting to KRW 495,00,00, KRW 198,247,634 in overdue interest amounting to KRW 29,902 in interest interest amount, KRW 3,697,850 in interest

③ The agreed delay interest rate after January 20, 2014, which applies to the above loan, is 15.29% per annum.

B. Therefore, the Defendant filed a claim with the Plaintiff for payment of damages for delay from January 21, 2014 to January 17, 2014, as to KRW 702,166,510 and the principal of the loan amount of KRW 495,00,000. However, it appears to have been caused by mistake.

By February 13, 2014, the delivery date of the copy of the complaint in this case, 15.29% per annum, which is the agreed delay damages rate, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. Judgment on the defendant's assertion

A. As to the assertion that the obligation to repay the loan has expired due to the cancellation of the sales contract, the Defendant received the instant loan for the payment of the intermediate payment for apartment sales price, and the Plaintiff, the sales company, drts Co., Ltd. (hereinafter “drts”) (hereinafter “drts”).

(2) Since the Defendant’s obligation to pay the instant loan was terminated by rescinding the sales contract on behalf of the Defendant on behalf of the obligee of the Plaintiff, as the obligee, the obligation to pay the instant loan was also extinguished. (2) The loan contract concluded between the Plaintiff and the Defendant and the sales contract concluded between the Defendant and the Defendant is a separate contract that differs in terms of the purpose of the contract or between the parties.

Therefore, the cancellation of contract for sale has an effect on the validity of the loan contract.

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