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(영문) 서울중앙지방법원 2015.10.28 2015나11396
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.The reduction of claims in the trial shall be made.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The defendant on December 18, 2007, the Gyeyang Construction Industry (hereinafter "Dongyang Construction") (hereinafter "Dongyang Construction").

10 dong 1003, 1003 (hereinafter referred to as the “instant apartment”).

The sale price shall be determined as KRW 599,50,000 for the sale of goods, and KRW 59,950,000 for the down payment shall be paid on the date of the contract, and the intermediate payment of KRW 359,70,000 for the intermediate payment of KRW 59,70,000 for each five months from June 20, 2008 to July 20, 2010 shall be paid six times each month, and the remainder of KRW 179,850,00 for the sale contract to be paid to the designated date of occupancy after completion (hereinafter “instant sale contract”).

(2) The Defendant concluded a loan agreement with the Plaintiff to obtain a total of KRW 299,750,000 on two occasions as follows for the payment of intermediate payments under the instant sales contract.

(A) On June 20, 2008, a loan of 239,80,000 won is granted, and such loan shall be repaid in full on March 31, 201, the expiration date of the loan term, and during that period, the loan interest rate shall be calculated by adding 0.92% per annum to the 'monthly base interest rate of 3 months' and the interest rate shall be calculated by adding 0.92% per annum to the 'monthly base interest rate of 0.92% per annum, and if the payment of the interest is delayed for one month, the loan interest shall lose the benefit due date and shall pay damages for delay in addition to 9% of the above overdue interest rate of 9% (if the overdue period exceeds one month, 1% shall be added and if the overdue period exceeds three months, 2% shall be added).

B) A loan of KRW 59,950,00 as a general loan on March 10, 2010 shall be granted, and the loan shall be repaid in full on March 31, 201, the expiration date of the loan period. During that period, the loan interest rate shall be calculated and paid at a fluctuation rate calculated by adding 3% per annum to the CD interest rate per month, and if the payment of the interest is delayed for one month, the due interest shall be lost, and the overdue interest rate shall be 9% (if the overdue interest period exceeds one month, 1% shall be added, and if the overdue interest exceeds three months, 2% shall be added.

further. ....

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