(영문) 인천지방법원부천지원 2015.09.18 2014가합10129

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(영문) 인천지방법원부천지원 2015.09.18 2014가합10129

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On May 11, 2009, the Plaintiff entered into a business and loan agreement with the Defendant to lend KRW 1.5 billion to the Defendant’s Seo-gu, Seo-gu, Incheon, one shop C (hereinafter “instant commercial building”) and the ASP bargaining (hereinafter “AS bargaining”) acting as an agent for selling the apartment. The main contents are as follows.

The lender requested the lender to grant a loan to the borrower within the limit not exceeding 1.5 billion won in total amount of the loan agreement with respect to the operating funds that the borrower lends to the borrower on the promotion of the partnership in the zone Nos. 1, 2, 4, and 6, Seoul Seongbuk- Line Urban Improvement Project (hereinafter referred to as the "this project") managed by the borrower. The lender will provide the loan requested by the borrower under the terms and conditions set forth in this Agreement.

Article 1 [Definitions]

9. The term “loan agreement amount” means 1.5 billion won which the lender has agreed to lend to the borrower;

11. The term "date of redemption" means the date of response to the date of withdrawal belonging to the month in which 12 months elapse from the date of initial withdrawal;

Article 4 [Loan Agreements] (2) The purpose of the use of the loan: The borrower shall use the loan only for the collection of part of the contribution for the business of this case and for the promotion of the partnership or for the loan of the operating expenses of the partnership.

Article 6 [Interest] ② Interest rate and calculation: Interest rate applied to loans shall be the fixed interest rate of 4% per month.

Interest shall be deemed one year and three hundred sixty-five days, and shall be calculated by the number of days actually elapsed, and the first day shall be included in the calculation of the number of days actually elapsed, but the last day shall not be included.

(4) Overdue interest: Where the borrower is unable to repay the debt, the due date for which the loan has become due, the borrower shall pay the overdue interest calculated at 49% per annum to the lender as the principal, interest, and handling fees for the loan.

Article 9 (Security, etc.)

2. commercial buildings in which the borrower is selling in lots.

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