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(영문) 의정부지방법원 고양지원 2017.01.19 2016가단24065
대여금
Text

1. The Plaintiff:

A. As to KRW 518,037,065 and KRW 299,50,00 among them, Defendant A shall have from March 25, 2016 to June 5, 2016.

Reasons

1. Basic facts

A. On January 16, 2008, the Defendants, as the parties, entered into a business agreement with the Dogz Co., Ltd. (hereinafter “Dogz”) and the said company, and entered into a sales contract with respect to 305 Dongdong Construction Co., Ltd. (hereinafter “Dagdong Construction”) and 2002 (hereinafter “the apartment of this case”). On January 2008, the Plaintiff entered into a business agreement with the Doggz, Newdong Construction, and the payment of part payments and loans following the sale of the apartment of this case (hereinafter “the instant business agreement”) and borrowed part payments to the Defendants as follows.

B. On July 15, 2009, Defendant A loaned KRW 299,500,000 from the Plaintiff to pay part payments of the instant apartment to the part payments.

(hereinafter “instant loan”). At the time of the instant loan, Defendant B guaranteed the principal and interest of loan to the extent of KRW 359,400,000.

C. (1) Defendant A lost the benefit of time due to delayed payment of interest from June 1, 201. (2) As of March 24, 2016, the balance of the principal of the loan as of March 24, 2016 is KRW 299,50,000, and the interest in arrears is KRW 218,537,065.

On the other hand, the overdue interest rate determined by the Plaintiff is 14.29% per annum.

[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 assertion and judgment

A. According to the determination on the cause of the claim 1, Defendant A’s total amount of KRW 518,037,065 and the principal of the loan amount of KRW 299,50,000, among the above amounts, shall be 14.29% per annum as determined by the Plaintiff from March 25, 2016 to June 5, 2016, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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