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(영문) 서울중앙지방법원 2019.09.04 2019가단5007108

대여금

Text

1. The defendant shall be the plaintiff.

A. From December 3, 2018 to December 19, 2018, KRW 1,404,403,605 among them and KRW 1,403,98 among them. < Amended by Act No. 15874, Dec. 3, 2018>

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement with the Defendant as listed below and carried out the loans thereafter (hereinafter “instant loans”).

According to the above credit transaction agreement, when the defendant fails to pay the interest, the principal repaid in installments, and the principal repaid in installments on the designated date, the defendant agreed to pay damages for delay on the amount to be paid from the next day. The rate of damages for delay determined by the plaintiff is 11% per annum

The amount of credit extended from 1,500,000,000 small and medium enterprise financing loans on July 21, 2016, July 21, 2016, 2016, small and medium enterprise financing loans of 1,50,000,000 small and medium enterprise financing loans of 3,000,000 on the date of a loan agreement for the subject of credit, shall be 60,00,000,000 on June 19, 2017, small and medium enterprise financing loans of 50,00,000,0005 small and medium enterprise financing loans of 5,00,000,000,000,0006 small and medium enterprise financing loans on November 28, 2017. < Amended by Presidential Decree No. 179050, Nov. 28, 2017; Presidential Decree No. 17900, Feb. 1, 2017>

B. The Defendant lost the interest due to the failure to pay the principal of the instant loan and interest thereon at the due date, and the remaining principal and interest of the loan as of December 2, 2018 are as follows:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of determination, the Defendant: (a) KRW 1,437,493,605 in total, the principal of the instant loan 1,437,493,605 (=interest of KRW 33,089,607 up to December 2, 2018) and the principal of KRW 1,404,403,998 in total, from December 3, 2018 to December 19, 2018 when the original copy of the instant payment order was served on the Defendant; (b) annual damages rate of KRW 11 per annum from the day following the date when the original copy of the instant payment order was served on the Defendant until December 19, 2018; and (c) the statutory interest rate of KRW 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings until May 31, 2019; and (d) the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc.