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(영문) 서울중앙지방법원 2018.04.19 2017가합561754

차관융자금반환

Text

1. The Plaintiff:

A. The defendant medical corporation A shall have 4,394,113,537 won and 2,060,095,511 won among them. < Amended by Act No. 8158, Dec. 1, 2006>

Reasons

1. After finding the facts of the cause of the claim, the facts can be acknowledged in light of the whole purport of the pleadings in each entry of evidence No. 1 to No. 4.

In 1984, the Government of the Republic of Korea concluded a loan agreement with the Japanese Foreign Economic Cooperation Fund (OECF) on December 25, 1978 for the establishment of a hospital in preparation for the extension of medical security and for the reinforcement of medical equipment, etc.; 2) The Minister of Health and Social Affairs at the time of the loan agreement entered into with the defendant medical corporation A (hereinafter the defendant foundation) on July 1984 for the following re-lease agreements with the Minister of Health and Social Affairs with regard to Japan 154,496,531 during the loan amount. The defendant foundation entered into a contract with the plaintiff on December 16, 1985 to December 16, 1998: < Amended by Act No. 3785, Dec. 16, 198>

6.16. A total of twenty-seven installments shall be repaid in installments.

B) The above repayment obligation against the Plaintiff of the Defendant Foundation shall be determined by applying the rate of sale of credit exchange to the Plaintiff in Japan, which is publicly notified by the Korea Exchange Bank on the date of the repayment of the repayment obligation, and the Defendant Foundation shall reimburse the Plaintiff of Korean won converted into Korean won. C) In the event that the Defendant Foundation fails to repay the pertinent amount to the Plaintiff by the date of repayment, the payment shall be made by adding the arrears calculated by applying the general loan interest rate in commercial banks from the relevant repayment date to the principal and interest of the deposit to the Plaintiff. (d) The Defendant Foundation shall pay interest at the rate of 3.5% per annum on the balance of the outstanding principal and interest of the Plaintiff at the rate of 3.5% per annum on the outstanding principal and interest of the Plaintiff, and the management fees at the rate of 0.05% per annum on the relevant payment date for each payment. (e) At the present, the principal and interest of the deposit in Korea, etc., which the Defendant Foundation failed to pay to the Plaintiff in connection with the above repayment contract, are as indicated in

(b)the Loan, 1986;