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(영문) 인천지방법원 2016.11.02 2016가단21772
대여금
Text

1. The Defendant’s annual interest in KRW 259,052,628 and KRW 164,520,00 among the Plaintiff, from March 2, 2016 to April 6, 2016.

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 with the Defendant who purchased Songdo Btel 1803 at the rate of 19% per annum (hereinafter “instant loan transaction agreement”) between the Plaintiff and the Defendant who purchased the Btel 1803 and the Defendant (hereinafter “instant loan transaction agreement”). The Plaintiff entered into a loan transaction agreement between the Plaintiff and the Defendant, which set forth a loan agreement between the household general fund for the loan curriculum (non-house loan), the loan principal of KRW 164,520,000, and the loan principal of KRW 164,520,000, and the period from December 10, 2009 to December 31, 2011.

) 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 March 2, 2016, the interest rate in this case is 259,052,628 won (i.e., the interest in arrears of KRW 164,520,000,000).

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the principal and interest of the loan of KRW 259,052,628 (=the principal and interest of the loan of KRW 164,520,532,628) and the principal of the loan of KRW 164,520,00 from March 2, 2016 to April 6, 2016, 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 March 2, 2016 to April 6, 2016, and delay damages calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to

2. Judgment on the defendant's defense

A. The Defendant’s assertion on the assertion on the invalidation of the instant loan transaction agreement and the extinguishment of obligation is that the instant loan transaction agreement was concluded by the Defendant for the payment of intermediate payment of the sales contract concluded with the Korea Assets Trust Co., Ltd., and is incorporated into the sales contract and integrated with the sales contract. As such, where the said sales contract is cancelled or cancelled, the instant loan transaction agreement should also be terminated.

Where the Defendant loses the benefit under the loan transaction agreement of this case, the Defendant shall reimburse the Plaintiff.

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