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(영문) 인천지방법원 2016.08.24 2016가단5916
대여금
Text

1. As to KRW 375,376,182 and KRW 242,572,00 among the Plaintiff, the Defendant shall start from December 17, 2015 to December 31, 2015.

Reasons

1. Determination as to the cause of claim

(a) The following facts are not disputed between the Parties or recognized by each entry in Gap evidence 1 to 4:

1) On October 18, 2009, the Plaintiff entered into a loan transaction agreement between the Defendant who purchased Btel 4201 and the Defendant who purchased Btel 4201, setting forth a loan transaction agreement with the Defendant at the rate of KRW 242,572,00 of the loan principal, KRW 242,572,00 of the loan principal, and the starting date of the loan; December 10, 2009; on December 31, 2009, the loan transaction agreement between the Plaintiff and the Defendant at the rate of KRW 1.5% of the loan agreement interest for three months on December 31, 201, and the rate of compensation for delay at the highest rate

) From December 10, 2009, the above loan was executed (hereinafter “instant loan”).

(2) On or after March 1, 2015, the interest rate in arrears is 13.05%, and until December 16, 2015, the interest rate in this case is 375,376,182 won (=the interest in arrears of 242,572,800 won).

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the principal amount of KRW 375,376,182 (=the principal amount of KRW 242,572,800 plus KRW 132,804,182) and the loan principal of KRW 242,572,00 from December 17, 2015 to December 31, 2015, which is the delivery date of the original copy of the instant payment order, the agreed interest rate of KRW 13.05% per annum from December 31, 2015, and delay damages by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's defense

A. The Defendant’s assertion 1) The loan transaction agreement of this case is concluded by the Defendant for the part payment of the sales contract concluded with Korea Assets Trust Co., Ltd., and is incorporated into the sales contract and integrated with the sales contract. Therefore, the loan transaction agreement of this case should also be terminated where the above sales contract is cancelled or cancelled.

B. Where the Defendant loses the benefit under the loan transaction agreement of this case, it shall replace the principal and interest of this case to be repaid to the Plaintiff.

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