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(영문) 서울남부지방법원 2016.02.12 2015가합6105

대여금

Text

1. The defendant shall pay 300,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. The following facts may be acknowledged in full view of the respective descriptions of Gap evidence 1 to 6 (including branch numbers, hereinafter the same shall apply) and the whole purport of the arguments.

The National Agricultural Cooperative Federation is a corporation that performs the business of receiving and operating loans and deposits and installment savings for members.

B. The National Agricultural Cooperative Federation extended a loan of KRW 1,250,000 to the Defendant on April 22, 2005 as due date on April 22, 2008, with KRW 220,000,000 as due date on October 4, 2005 set as due date on October 4, 2008, and extended a loan of KRW 630,000,000 on June 29, 2007 as due date on June 29, 2010.

(B) The Defendant agreed to pay the loan from April 22, 2005 to the National Agricultural Cooperative Federation plus damages for delay. (3) The Defendant agreed to pay the loan from April 22, 2005 to the second loan from October 4, 2005 to the second loan from June 29, 2007.

Article 4 (Compensation for Delay) (3) The rate of damages for delay and the rate of special compensation under this Agreement shall be applied at the following differential rates according to the period of default, but if the rate of damages for delay and the rate of special compensation calculated according to the standards set forth in the following subparagraphs are less than 15 per annum, 15 per annum shall be applied, and if the rate exceeds 19 per annum, 19 per annum shall

1. Where the period in arrear is not more than 30 days: Number of days in arrear ¡¿ (6%) ± (6%) ± 365;

2. Where the period in arrear is not less than 31 days but not more than 90 days: Number of days in arrear calculated from the first date in arrear ¡¿ (7%) (7%) ¡À365;

3. Where the period in arrear is not less than 91 days: Number of days in arrear calculated from the first date in arrear ¡¿ (9%) ¡À365.

C. The method of calculating damages for delay agreed upon by the National Agricultural Cooperative Federation and the defendant at the time of the above loan is as follows.

On June 1, 201, the National Agricultural Cooperative Federation shall comply with the provisions of Articles 1, 2, and 3.