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(영문) 의정부지방법원 고양지원 2017.01.19 2016가단82559
양수금
Text

1. As to KRW 204,746,268 and KRW 119,80,00 among them, the Defendant shall annually pay to the Plaintiff KRW 204,746,268 from April 4, 2016 to April 22, 2016.

Reasons

1. Basic facts

A. On January 22, 2008, the Defendant entered into a sales contract with the drhz Co., Ltd. (hereinafter “drhz”) and the said company, and entered into a sales contract with the new East Asia Construction Co., Ltd. (hereinafter “new East Asia Construction”) on the drhz B apartment unit No. 211 and 1403 (hereinafter “the apartment of this case”).

Meanwhile, on January 208, 2008, the Songpa Agricultural Cooperative (hereinafter “SPA”) entered into a business agreement on the lending of intermediate payments and the payment of loans following the sale of apartment buildings of this case (hereinafter “the instant business agreement”) and extended intermediate payments to the Defendant. The Plaintiff was assigned the principal and interest of loans to the Defendant by the Song AFF. The Plaintiff was assigned the principal and interest of loans to the Defendant.

B. For the payment of the intermediate payment of the instant apartment loan from the intermediate payment, the Defendant borrowed KRW 119,800,000 from the Songpa Nonghyup, on April 15, 2010, with the term “from April 15, 2010 to April 13, 2040”; the interest rate “transfer interest rate; and 2.25% on CD return rate”.

(hereinafter “instant loan”). C.

(1) On September 30, 2013, the Defendant lost the benefit of time due to the delayed payment of interest from April 30, 201. (2) On September 30, 2013, the Song AFF transferred its credit to the Plaintiff, and notified the Defendant of its purport on October 2, 2013.

3) On April 3, 2016, the balance of the loan principal as of April 3, 2016 is KRW 119,80,000, and interest in arrears is KRW 84,946,268. Meanwhile, the overdue interest rate under the above agreement is KRW 14.65% per annum. [Grounds for recognition] The fact that there is no dispute, A’s evidence Nos. 1 through 6, and E’s evidence Nos. 1 (if available, the number is included in the serial number and the purport of the whole pleadings

2. The assertion and judgment

A. According to the determination on the cause of the claim 1, the Defendant’s totaling KRW 204,746,268 of the principal and interest of the loan and KRW 119,80,000 of the principal and interest of the loan from April 4, 2016 following the above basic date.

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