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(영문) 서울중앙지방법원 2018.10.16 2018가단5069420

대여금

Text

1. The Defendant’s annual interest in KRW 83,713,081 and KRW 69,637,972 among the Plaintiff, from January 30, 2018 to March 23, 2018.

Reasons

1. Facts of recognition;

A. On December 17, 2014, the Plaintiff entered into a loan agreement with the Defendant under the following conditions, and carried out a loan of KRW 100 million, which is the amount of the loan limit, to the Defendant on December 31, 2014. However, in the process of extending the maturity, the amount of the loan limit was reduced in the course of extending the maturity, and the loan principal remains KRW 72,00,000 on September 13, 2016.

The loan amount: The loan interest rate of KRW 100,000: The first agreement was from December 31, 2014 to April 30, 2015; however, the loan maturity has been continuously extended since August 12, 2016; the last loan maturity is extended until November 15, 2016: 6.64% per annum; the first overdue interest rate of KRW 9.5% after September 15, 2015; the overdue interest rate of KRW 7% per annum (within one month, and KRW 8% within three months, and KRW 9% where the loan of this case is in excess of three months); the loan of this case shall be extended within the highest interest rate of KRW 17% per annum; the interest rate of KRW 15% per annum on the loan of this case shall be extended from the automatic loan of this case to the bank where the loan of this case is in excess of the maturity of the loan of this case; and the Plaintiff’s interest rate of KRW 15% per annum in excess of the loan of this case shall be extended.

B. From September 20, 2016, the Defendant began to delay the payment of interest, and the principal was not repaid on the loan maturity.

On the other hand, on December 23, 2016, the Defendant deposited KRW 3,862,028 in the parent account under the name of the Defendant. The person in charge of the Plaintiff bank shall be limited to KRW 2,362,028 out of the above amount deposited in the parent account under the name of the Defendant, taking into account the circumstances of the Defendant complaining of economic difficulties.