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(영문) 수원지방법원성남지원 2019.01.24 2018가단236684
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 102,921,918 and the interest rate of KRW 24% per annum from December 29, 2018 to the date of full payment.

Reasons

1. The basis for the request;

A. The Plaintiff lent KRW 200,000 to the Defendant. On February 2018, the Defendant specified the Plaintiff as KRW 200,000,000 of the loan principal and KRW 24% per annum on the loan certificate as KRW 4,000,000 of the loan principal and KRW 200,000 of the loan certificate, which is the amount equivalent to the rate of KRW 24% per annum on the principal amount.

If it is impossible to pay interest to the Plaintiff with the amount calculated by the ratio, the loan certificate was prepared to transfer the real estate listed in the attached list to the Plaintiff.

Article 13. Sales and the settlement of any balance shall be settled with borrowed money (238,133,300).

- Of note, Article 16 (175,00,00) shall be paid by including interest on bank subparagraph C as of May 31, 2018.

In the event that a seller is unable to repay by May 31, 2018, Article 17, the settlement key is calculated from February 12, 2018 as the interest rate for the preparation of a loan certificate, and the house chain is also the same.

(After the purchase and sale of real estate, a creditor and one other is attributed to the creditor). The defendant was unable to fully repay the debt on the date agreed upon in the above loan certificate, and the real estate sales contract was prepared to transfer the real estate recorded in the attached list to the plaintiff. The main contents are as follows.

B. The Defendant was unable to repay a loan of KRW 175,00,000 by May 31, 2018, as stated in Article 17 of the above real estate sales contract, and accordingly, the amount of KRW 175,00,000 and interest thereon shall be calculated at the rate of 24% per annum from February 12, 2018 to the Plaintiff.

C. On December 28, 2018, the Defendant repaid KRW 108,900,00 to the Plaintiff.

If the Defendant preferentially pays interest (36,821,918 won) from February 12, 2018 to December 28, 218, 2018 out of KRW 175,00,000, the Defendant paid the Plaintiff the principal amount of KRW 72,078,082. As such, the Defendant paid the Plaintiff the remainder of the agreed amount of KRW 102,921,918, and the amount of said KRW 24% per annum from December 29, 2018 to the date of full payment.

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