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(영문) 서울중앙지방법원 2015.08.12 2014가단221263
차용금
Text

1. The defendant shall pay 45,00,000 won to the plaintiff and 20% per annum from January 16, 2015 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. 1) On November 27, 2003, the Plaintiff: (a) purchased 23-type apartment units from the Defendant on the 2003-type apartment units (including the value added tax) that were newly built on the 100 million Won from the Defendant, Hong-gun, Hong-gun, and nine parcels; and (b) paid 110 million won with the sale price (including the value added tax). If the completion of the apartment units was delayed later, on May 20, 2004, the Defendant paid the Plaintiff KRW 115 million with the sale price plus 5 million.

7.In the agreement to pay up to 20.20. The same amount of loan was drawn up and awarded.

3) On October 15, 2004, the Plaintiff did not pay the said money by the agreed date. On May 1, 2012, 2012, the Plaintiff seized C Apartment 50 households newly constructed on October 15, 2004, and rescinded provisional attachment after having completed the registration of the establishment of a neighboring mortgage of KRW 115 million with the maximum debt amount of KRW 50 million to the above 50 households. On October 31, 2012, the Defendant paid KRW 15 million from the Defendant and cancelled the right to collateral security. (iv) On March 29, 2014, the Defendant agreed to pay the Plaintiff KRW 40 million to the interest amount on the said loan amount by August 30, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

B. According to the above facts, inasmuch as an agreement was concluded between the plaintiff and the defendant on quasi-loan for consumption that alters the cause of the loan for consumption, the defendant is obligated to pay the plaintiff a total of KRW 45 million with the agreed interest of KRW 50 million and the agreed interest of KRW 45 million and delay damages for the agreed interest of KRW 50 million. 2) The defendant's agreement to pay KRW 40 million to the plaintiff on March 29, 2014 is made by the plaintiff's coercion, and thus it is revoked. However, there is no evidence to acknowledge the defendant's assertion, and the above assertion is not accepted.

2. The Defendant’s conclusion is based on the ratio of KRW 45 million to KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 16, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint to the Plaintiff.

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