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(영문) 서울중앙지방법원 2017.02.16 2016가단74676

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 900,925,696 and the interest rate thereon from October 17, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running a credit business, and the Defendant A approved that the Plaintiff’s basic terms and conditions of credit transaction apply under Defendant B’s joint and several surety and approved the loan agreement (hereinafter “instant loan agreement”) with the following terms and conditions (hereinafter “instant loan agreement,” and “instant loan 1” or “instant two loans”) at the interest rate rate rate for the amount of loan extended on a first-served basis according to the sequence below.

1. 830,00,000 won per annum on November 5, 2010 9.8% per annum on 60 months.

2. On July 8, 201, KRW 800,000,000 annually concluded 9.3% per annum for 60 months.

B. According to the instant loan agreement and the credit transaction basic terms and conditions (Article 4(1) and (2) of the instant loan agreement, the Defendants’ “other legal expenses” required in relation to the preservation, exercise, or preservation, enforcement, and collection, etc. of each of the instant loan claims shall be paid by the Defendants. When the Plaintiff paid the aforementioned expenses on behalf of the Defendants, the Defendants shall immediately pay the said expenses to the Plaintiff. When the instant loan agreement was terminated even before the scheduled repayment date, the Defendants shall pay the Plaintiff the “midway repayment fee.”

C. On December 26, 2014, the Plaintiff and the Defendants agreed to change the credit period from each of 60 months to 72 months, interest rate of 9.9% and 9.3% per annum to 8.5% per annum, and the interest payment date from each of 5th and 8th day of each month to 7 days.

Defendant A lost the benefit of time on October 17, 2016, and the outstanding principal, unredeemed interest, and unredeemed interest up to that time, KRW 347,632,150 in total regarding the loans 1 of this case (i.e., outstanding principal of KRW 277,09,09,485 in total and KRW 40,968,414 in unredeemed interest and KRW 29,564,251 in unredeemed interest). As to the loans 2 of this case, KRW 51,406,532 in total (i.e., outstanding principal of KRW 416,108,177 in unredeemed interest and KRW 66,472,30 in unredeemed interest, KRW 28,916,05 in unredeemed interest and KRW 28,730 in unredeemed interest, KRW 197 in 1 of this case, and KRW 1,812 in 2 of this case and KRW 571.