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(영문) 서울북부지방법원 2017.05.16 2015가단145846
대여금
Text

1. As to KRW 24,275,94 and KRW 20,000 among them, Defendant A shall pay to the Plaintiff KRW 24,275,99 and KRW 20,000 from November 23, 2015 to April 11, 2017.

Reasons

1. Facts of recognition;

A. On July 24, 2012, the Plaintiff entered into a credit card use agreement and a credit transaction agreement with Defendant A on July 24, 2012 with 24% per annum, and accordingly, Defendant A has used a credit card. 2) On September 26, 2013, the Plaintiff entered into a credit card transaction agreement with Defendant A by setting the lending period from September 26, 2013 to September 26, 2014, 11% per annum in addition to Defendant A’s loans, loan interest rate of KRW 20 million, loan interest rate of KRW 20 million, delay interest rate of the lending, and the lending period from September 26, 2013 to September 26, 2014. The Plaintiff loaned KRW 20 million to Defendant A.

3) Around August 2015, Defendant A lost the benefit of time by delaying the repayment of the credit card payments and loans. On the other hand, as of November 23, 2015, Defendant A’s obligation to use the credit card amount was KRW 3,184,347 ( principal KRW 3,014,90 + interest KRW 169,47) and as of November 22, 2015, Defendant A’s obligation to use the credit card amount was 20,490,987 ( principal + interest KRW 490,987 + KRW 490,987) and the above obligation to use the credit card amount was 60,660,000 and KRW 2,470,000 as of November 23, 2015, Defendant A’s obligation to the Plaintiff was 301,000,000,000 won and KRW 301,00,000,00.

2. On March 12, 2015, Defendant B transferred to Defendant A the remainder of KRW 30 million after deducting the obligation to refund the deposit to the current tenant, which the purchaser agreed to succeed from the purchase price stipulated in the instant sales contract.

Defendant A, on the same day, received on March 12, 2015, the Seoul Northern District Court (Seoul Northern District Court)’s receipt on March 12, 2015 for the instant apartment from Defendant B.

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