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(영문) 서울중앙지방법원 2016.11.16 2016가단5145405
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 93,576,370 and the amount of KRW 14,125,272 from September 12, 2016 to the date of full payment.

Reasons

1. The facts of the changed cause of the claim in the separate sheet concerning the determination of the cause of the claim do not conflict between the parties, or can be acknowledged in full view of the entries in the evidence of subparagraphs A and the purport of the entire pleadings. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 22.5% per annum, which is the overdue interest rate of the total amount of principal and interest of KRW 93,576,370 and the principal of KRW 14,125,272 from September 12, 2016 to the date of full payment.

2. As to the defendant's assertion, financial institutions, including the plaintiff who provided loans to apartment buildings sold in lots, caused illegal intermediate payment loans that do not meet the requirements by deceiving the buyers, and the lender, including the plaintiff, has caused illegal intermediate payment loans that do not meet the requirements, but there is no evidence to support this, so the defendant's assertion is without merit.

In addition, the defendant alleged that he had borne interest on the loan to the plaintiff, but the above argument is not a matter that could not be asserted against the plaintiff, not Korea Liz corporation, and therefore, the defendant's above argument is without merit.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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