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(영문) 부산지방법원 2015.01.20 2013가단87396
대여금
Text

1. The Defendant’s interest rate of KRW 981,976,109 and KRW 840,00,000 among the Plaintiff shall be from January 28, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 24, 2009, the Plaintiff loaned KRW 840,000 to the Defendant at the interest rate of KRW 840,000,000, and the expiration date of the loan period was determined on August 18, 2012.

B. The above loan is a housing loan for the payment of the intermediate payment No. 506, 101, Gangseo-gu Busan Metropolitan Government.

C. According to the foregoing loan agreement, if a debtor fails to repay his/her obligation on the expiration date of the loan period, the balance of the loan shall be paid in accordance with the Plaintiff’s interest rate for delay. The damages for delay calculated by the rate of 14.5% per annum from August 19, 2012 to October 16, 2013, the following day after the expiration date of the loan period, shall be KRW 141,976,109, and the balance of the loan shall be KRW 840,000,000.

From September 29, 2013, the interest rate on arrears is 14.5% per annum, and the additional interest rate is 9% if it exceeds 90 days.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 11, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 981,976,109 (=the principal of the loan is KRW 840,00,000,000 delayed damages of KRW 141,976,109) and the damages for delay calculated at the rate of 20% per annum from January 28, 2014 to the date of complete payment, which is the day following the delivery of the complaint, to the day of complete payment.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion against Korea Housing Guarantee Co., Ltd., the executor company of the above apartment on December 1, 2006, concluded a housing sale guarantee contract with the prospective creditor on the construction of the above apartment as to the construction of new apartment. The Korea Housing Guarantee Co., Ltd., as the secured creditor, should be liable for the repayment guarantee due to the occurrence of a guarantee accident by abandoning its business on November 12, 2010, and the Korea Housing Guarantee Co., Ltd should be liable for the payment of the above part payment loan to the Defendant. Accordingly, the Plaintiff’s claim cannot be complied with.

B. The Defendant asserts.

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