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(영문) 서울중앙지방법원 2017.09.19 2017나30360

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Judgment on the plaintiff's claim

A. Fact-finding 1) Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) is limited to solomon Savings Bank.

(2) On June 21, 201, the Defendant (hereinafter “instant loans”) KRW 12,00,000 (hereinafter “instant loans”).

(2) A loan was made by setting the interest rate of 19.9% per annum, 36 months of the loan period, and the repayment method with equal repayment method. The Defendant approved the application of the Framework Agreement on Savings Bank Credit Transaction at the time of the loan. According to Article 3(1) of the Standard Terms and Conditions on Savings Bank Credit Transaction, the interest rate on the loan obligation of the Solomon Savings Bank shall be set within the limit permitted by the Savings Bank Act. The interest rate on the loan provision of the Solomon Savings Bank is 31.9% (=the agreed interest rate of 19.9% overdue interest rate) at the time of the loan, 27.9% as the Act on Registration of Credit Business, etc. and Protection of Finance Users was amended (Act No. 14072) on March 3, 2016 (Act No. 14072). The Defendant lost the benefit of delayed repayment of the loan obligation of this case as of October 12, 2016, the interest rate of the loan obligation of this case was 3105 won, 3975.75 won

3) Meanwhile, on April 30, 2013, the Solomon Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as a trustee in bankruptcy. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1 and 2, and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the principal and interest of the instant loan obligation amounting to KRW 23,105,79 and the principal amount of KRW 9,567,471, which is the following day of the above base date, to the Plaintiff at the rate of 27.9% per annum for agreed delay from October 13, 2016 to the date of full payment.

2. Thus, the plaintiff's claim shall be accepted on the ground of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed on the ground that it is without merit.