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(영문) 서울중앙지방법원 2016.11.04 2016가합546314

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 367,962,636 and the interest rate of KRW 15% per annum from October 6, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 24, 2010, National Bank Co., Ltd. loaned KRW 458,000,000 to the Defendant (hereinafter “instant loan”). The key contents of the instant loan transaction agreement are as follows.

Article 1 Terms and Conditions of Transaction (1) (1) : General loan for household loan (type of loan): Individual transaction (3): 458,00,000 won: 3 years: the starting date of loan: November 24, 2010; and 3 years: the expiration date of loan: November 24, 2013; 5 November 24, 2013: Interest rate for loan: (1) interest rate for delay and delay under Article 3 (2) 2 of the General Terms and Conditions for Credit Transactions (as of the ceiling) (as of Article 3 (2) 2 of the Interest Rate for Credit Transactions) (as of the interest rate and interest rate for delay (as of the ceiling) (1) if the interest or installment repayment rate is not repaid at the due date, the amount to be paid by the actual payment date on the following day shall be paid in accordance with the delayed payment rate as stipulated in paragraph

(2) When a person fails to perform his/her obligation on the date when the loan expires, or when he/she has delayed the payment of the installment, on at least two consecutive occasions, or when he/she has lost the benefit under Article 7 of the Basic Agreement on Credit Transactions at Banks, such as when he/she has delayed the payment of the installment, he/she shall, from that time, pay damages for delay on the balance of the loan.

4. The rate of damages for delay shall be determined by adding the following additional rates to the loan interest rates determined pursuant to Article 1 (5), and the minimum and maximum damages for delay shall be as follows:

1. A premium rate in arrear (applicable differentiated depending on the period of delay): 8% per annum from the date on which arrears occurs - loans in arrear of not less than three months but not more than six months: 9% per annum from the date on which arrears occur - Loans in arrear of not more than six months: 10% per annum from the date on which arrears occur;

2.Minimum and highest damages rate - Minimum rate of 14% per annum (24%) - highest rate of 21% per annum (25% per annum for card theory).

The Korean Securities Bank Co., Ltd. and the Korean Securities Bank Co., Ltd. on June 5, 2012. The instant loans to the Korea Securities Bank Co., Ltd.