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(영문) 인천지방법원부천지원 2015.03.25 2014가합8164
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 420,810,696 and KRW 146,124,372 from October 24, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 2, 2010, the Plaintiff Union entered into a loan transaction agreement with the Defendant to provide a loan amount of KRW 958 million, the loan period from April 2, 2010 to April 2, 2013, the interest rate of KRW 7.25% per annum (determined interest rate) (i.e., base interest rate of KRW 0.1%) and the maximum interest rate of delay damages (i.e., debtor loan interest rate of less than one month per annum): 21% per annum (i.e., debtor loan interest rate of less than one month per annum) mean the preceding normal interest rate in arrears. 6%, the debtor loan interest rate of not less than one month and less than three months: 7% of the debtor loan interest rate of not less than three months, and the debtor loan interest rate of not less than three months: 958 million per annum) to the Defendant on the same day.

(hereinafter “instant loan”). (b)

Plaintiff

On April 2, 2010, in order to secure the claim for the above loans against the Defendant, the Mutual Association entered into a mortgage agreement with the Defendant on each forest listed in the separate sheet owned by the Defendant, which provides that the Defendant shall be the maximum debt amount of 1.24,54 billion won, the Defendant, and the Plaintiff Mutual Aid Association. On the same day, the Mutual Aid Association completed the establishment registration of each of the above forests listed in the separate sheet owned by the Defendant under the name of the Plaintiff Mutual Aid and Branch Office of Incheon District Court No. 16072, Apr. 2, 2010

C. On July 17, 2014, the Plaintiff Union received reimbursement of KRW 820,100,000 out of the principal and interest of the instant loan from the Defendant (i.e., the principal of the loan in KRW 811,744,098) and then cancelled the registration of establishment of each of the above neighboring areas under the name of the Plaintiff Union, which was completed in relation to each of the forests and fields listed in the separate sheet.

Plaintiff

The balance of the principal and interest of the instant loan to the Defendant of a union is KRW 420,810,696 in total as of October 22, 2014 (i.e., principal KRW 146,124,372 and interest KRW 269,108,772 in interest interest rate of KRW 5,577,552 in interest rate). The agreed interest rate of KRW 16.01 per annum (i.e., debtor loan interest rate of KRW 7.01% in interest rate of KRW 7.01 in interest rate of October 12, 2012).

[Reasons for Recognition] Each entry of Gap evidence 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Determination.

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