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(영문) 서울고등법원 2019.12.20 2018나2053826

유체동산인도

Text

1. Upon the plaintiff's preliminary claim added by this court, the defendant 12,770,000 won and its corresponding amount.

Reasons

1. Basic facts

A. 1) On June 15, 2016, F, the United States of America, entered in the [Attachment List equivalent to USD 30,438,000 in the Central Civil Republic of China on the 15th of Jun. 2016, F, the United States of America (hereinafter collectively referred to as “the visibility of this case”).

(2) On May 16, 2017, the Plaintiff provided the Defendant with the instant visibility owned by F as collateral and borrowed KRW 350,00,000 from the Defendant as maturity from May 16, 2017 to June 15, 2017, at the interest rate of 27.9% per annum (2.325% per month).

(hereinafter “The First Loan Agreement”). In the column of other agreed terms and conditions of the First Loan Agreement (No. 1, No. 1, No. 1, No. 1), the Plaintiff’s own pen and the Plaintiff’s husband’s husband’s husband’s consent. F

G. He shall receive the husband’s account.

The main contents of the loan transaction standard terms and conditions attached to the first loan agreement are as follows.

Article 12 (Loss of Benefit of Time) of the Standard Terms and Conditions for Loan Transactions (2) In the event that a debtor has an event falling under any of the following subparagraphs, the benefit

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 resulting therefrom is lost at least seven business days prior to the date of loss of profit due, and if the obligor fails to notify at least seven business days prior to the date of loss of profit due, the obligor shall lose the benefit due at the expiration of seven business days from the

1. Where the payment of interest is delayed for two months after the obligor is liable to pay the interest. (4) Even if the obligor has lost the benefit of time set for the obligation to the credit service provider under paragraphs (1) through (3), if the obligor explicitly expresses his/her intention or the credit service provider has continued normal transactions, such as receiving installment payments, interest or liquidated damages, such benefit of time set for the obligation or the obligation designated by the credit service provider