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(영문) 대구지방법원 2017.08.16 2017가단3922
대출금등
Text

1. Defendant A:

A. The Plaintiff shall be fully paid KRW 37,508,405 and KRW 36,600,000 among them, from January 26, 2017.

Reasons

1. On March 2016, Defendant A entered into a lease agreement (hereinafter “instant lease agreement”) with the Defendant Korea Land and Housing Corporation (hereinafter “Defendant Corporation”) on the real estate listed in the separate sheet (hereinafter “instant real estate”), stating that “The lease deposit is KRW 38,190,000 per month, KRW 94,00 per month, KRW 94,00 per month, and the lease term is from March 11, 2016 to April 30, 2018.”

On March 7, 2016, the Plaintiff entered into a loan transaction agreement with Defendant A and the term of loan KRW 36,600,000, and repayment method: 24 months: Principal and interest equal installment repayment, interest rate: 5.2% per annum: overdue interest rate: 23% per annum from 1 to 31% per annum; 23.5% per annum from 32 days in arrears to 90 days in arrears; and 24% per annum from 91 days in arrears to the date of repayment (hereinafter “instant loan agreement”); and 36,600,000 won per annum.

In order to guarantee the payment of Defendant A’s obligation to Defendant A’s loan, the Plaintiff entered into a pledge agreement on KRW 38,190,000 for Defendant A’s lease deposit to Defendant Corporation, and notified Defendant Corporation of the pledge on March 7, 2016. The Plaintiff received the loan around that time.

Defendant A did not pay the principal and interest of loan to the Plaintiff from October 18, 2016, thereby losing the benefit of time as of January 25, 2017.

The sum of the principal and interest payable to Defendant A until January 25, 2017 reaches KRW 37,508,405.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant A

A. Claim No. 1) Claim No. 37,508,405 won of the principal and interest of loans and 36,600,000 won of the principal and interest of loans from January 26, 2017 to January 25, 2017 under the loan agreement of this case shall be claimed at the rate of 24% per annum from January 26, 2017 to the date of full payment) the Plaintiff as a pledgee to the Defendant Corporation.

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