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(영문) 인천지방법원 2016.08.12 2016가단21833
대여금
Text

1. As to KRW 249,04,492 and KRW 158,164,00 among them, the Defendant shall pay to the Plaintiff the year from March 2, 2016 to April 8, 2016.

Reasons

1. Each fact in the separate sheet of facts supporting the claim shall be acknowledged in the absence of a dispute between the parties, or by taking into account the overall purport of the pleadings as a whole, as set out in Gap evidence 1 to 4

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 158,164,00 won with the loan principal and damages for delay from January 4, 2012 to March 1, 2016, the sum of 90,880,492 won with the loan principal and 158,164,000 won with the loan principal plus 158,164,00 won with the loan principal from March 2, 2016 to April 8, 2016, the service date of the original copy of the instant payment order, and damages for delay calculated at the rate of 13.05% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment.

B. The Defendant’s assertion and its decision (1) (A) The loan transaction agreement of this case was concluded with the Defendant for the payment of the intermediate payment of officetel sales contracts concluded with Korea Assets Trust Co., Ltd. (hereinafter “Korea Assets Trust”) and formed a whole part of the sales contract. Therefore, the loan transaction agreement of this case is terminated where the sales contract is cancelled or cancelled. In the event that the Defendant loses the benefit of time under the loan transaction agreement of this case, Korean assets trust, etc. directly pays the principal and interest to the Plaintiff instead of returning the purchase price to the Defendant, and accordingly, the loan transaction agreement of this case was invalidated, and the Defendant lost its benefit of time. Accordingly, the Defendant did not bear any obligation against the Plaintiff pursuant to the loan transaction agreement.

(B) Even if the loan transaction agreement is not immediately terminated due to the lapse of the time limit, part payment to be repaid to the Plaintiff where the Defendant lost the benefit of the time limit for the instant loan transaction agreement.

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