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(영문) 수원지방법원성남지원 2017.05.24 2016가단227266

대여금

Text

1. The Plaintiff:

A. As to KRW 98,94,198 and KRW 79,990,358 among the Defendant A Co., Ltd., Ltd., from September 6, 2016.

Reasons

1. Facts of recognition;

A. On September 8, 2015, the Plaintiff, a credit service provider registered under the Act on Registration of Credit Business, etc. and Protection of Finance Users, entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under which KRW 80,000,000 due date is set at 24% per annum, and the overdue interest rate is set at 34% per annum (hereinafter “instant loan for consumption”). Defendant B jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff within the maximum of KRW 104,00,000,000 per annum.

B. Article 12(2) of the Standard Terms and Conditions for Loan Transactions, which are the contents of the Loan Loan Agreement, provides as follows:

Article 12 (Forfeiture of Benefit of Time) (2) In the event that any of the following causes occurs to a debtor, the benefit of time shall be lost:

Provided, That a credit service provider shall notify the obligor of the following fact of delay of payment of obligation and the fact that the benefit arising therefrom will be lost by no later than seven business days prior to the date of loss of profit due, and if the obligor fails to notify by no later than seven business days prior to the date of loss of profit due, the obligor shall lose the benefit due on the date seven

1. When interest is delayed for two months from the time when interest is to be paid;

C. The Defendant paid to the Plaintiff KRW 1,578,080 on September 8, 2015, KRW 1,630,680 on November 9, 2015, and KRW 200,00 on December 31, 2015.

Plaintiff

On December 31, 2015, the representative director notified the employees of the defendant company to pay interest because they were in arrears by text message. On January 12, 2016, the representative director notified the defendants that the defendant company was in arrears since December 8, 2015 and lost the benefit of January 8, 2016.

[Ground of recognition] without any dispute, Gap evidence 1 through Gap evidence 7, Eul evidence 2, Eul evidence 3, the purport of whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant Company shall pay interest on December 2015 and January 2016.