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(영문) 부산지방법원동부지원 2016.09.22 2015가단6199
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 901,214,713 and KRW 894,90,000 among them to the day of full payment.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) is the executor of the E- Apartment (hereinafter “E apartment”) on the surface of the land outside 38 lots of Busan Suwon-gu D, Busan, and the F Co., Ltd. (hereinafter “F”) is the contractor of the above apartment.

B. On July 2007, the Plaintiff entered into a business agreement with F and C on the collective loan of part payments of the E apartment.

C. On August 23, 2007, the Defendant concluded a sales contract with C with the selling price of KRW 1,789,800,000 with respect to E Apartment G (hereinafter “instant apartment”). D.

On November 9, 2007, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan agreement”) with the Defendant as of February 9, 2015, between the loan of housing in the subject of loan, the loan amount of KRW 894,90,000 (hereinafter “instant loan”), and the loan transaction agreement with the term of February 9, 2015.

E. The Defendant has lost its interest by delaying the performance of the obligation to the above loan, and the Plaintiff’s claim for the loan to the Defendant against the Defendant is KRW 894,90,00,00 of the principal of the loan as of January 21, 2015, including the agreed interest rate of KRW 6,289,308, overdue interest of KRW 25,405, and overdue interest rate of KRW 901,214,713, and the overdue interest rate of KRW 11.84.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff interest in arrears calculated at the rate of 11.84% per annum from January 21, 2015 to the date of full payment of the principal and interest of the loan amount of KRW 901,214,713, and the principal of the loan of KRW 894,90,000, whichever is the interest rate of delay interest of KRW 11.84% per annum.

B. The Defendant’s assertion 1) The instant loan agreement is merely merely a loan to F in the name of the Defendant, and the Plaintiff was fully aware that the instant loan is for raising F’s funds.

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