beta
(영문) 광주지방법원 2019.07.26 2018가단89

대여금

Text

1. The defendant shall pay to the plaintiff 446,771,465 won and 271,058,096 won among them to the day of complete payment.

Reasons

1. Basic facts

A. On August 30, 2013, E Union (hereinafter “Plaintiff”) entered into a daily loan agreement (hereinafter “one loan agreement”) with the Defendant on the condition that the Defendant redeems the principal and interest on a daily basis (hereinafter “one loan agreement”) and paid a loan to the Defendant’s account under the name of the Defendant. < Amended by Presidential Decree No. 24279, Oct. 4, 2014; Presidential Decree No. 24279, Oct. 4, 2014; Presidential Decree No. 2429, Oct. 4, 2014>

B. On April 17, 2014, the Plaintiff entered into a loan agreement with the Defendant to pay a loan of KRW 360,00,000, ② interest rate of April 17, 2017, ③ interest rate of KRW 6.091 per annum (base interest rate of KRW 3.021, 12 months per annum) and ④ interest rate of KRW 6.091 per annum (base interest rate of KRW 3.021, 12 months per annum), or a loan was paid to an account under the Defendant’s name (F) when a loan is not repaid as agreed, or when a loan is in arrears on more than two consecutive occasions pursuant to the basic terms and conditions of credit transaction even before the due date, not more than 30 days per annum, but not more than 10% per annum, more than 30 days but not more than 90 days per annum and 14% interest rate per annum pursuant to the agreement.

C. The instant loan agreement was terminated on the date of the instant loan agreement. D.

With respect to the instant 2 loan agreement, KRW 88,639,672 on May 30, 2016, KRW 296,853 on November 13, 2016, and KRW 296,853 on August 23, 2017 were recovered, and all repayment was processed as principal. As of August 23, 2017, the remaining principal amount was 271,058,096, overdue interest was 175,713,369, respectively.

[Ground of recognition] The evidence No. 1 inherent 15, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 20.091% per annum from August 24, 2017 to the date of full payment, with respect to the remaining principal and interest of KRW 446,71,465, and principal of KRW 271,058,096, among the principal and interest of KRW 271,05,096.

B. The defendant's assertion of false conspiracy is an insurance solicitor, G.