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(영문) 대구지방법원 2018.11.22 2018가단19979

대여금

Text

1. The Defendant’s annual interest in KRW 99,67,978 and KRW 97,045,556 from June 27, 2018 to August 25, 2018.

Reasons

1. The following facts are acknowledged in accordance with the respective descriptions of Gap evidence Nos. 1 and 3 and the purport of the whole pleadings.

A. The Defendant approved that the basic terms and conditions of credit transactions determined by the Plaintiff apply, and borrowed KRW 100 million from the Plaintiff on November 27, 2017.

B. According to the agreement entered into at the time of the above loan transaction, the interest rate shall be the fluctuation rate of 2.9% per annum with respect to the standard interest rate, and 4.9% per annum, and the period of loan shall be until November 27, 2022, and a certain amount shall be repaid in installments each month by equal installments of the principal and interest, and when repayment is delayed, the total amount of principal shall be repaid by losing the benefit from the first month and the delay interest rate shall be 12% per annum.

C. The Defendant paid only the principal and interest of a divided portion by January 26, 2018, and was unable to pay the principal and interest of a divided portion by February 27, 2018, and lost the benefit of March 27, 2018.

On June 26, 2018, the amount of debt that the defendant has not been paid is 9,67,978 won in total, 97,045,556 won in principal, 2,62,422 won in total.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying 12% per annum pursuant to the agreement from June 27, 2018 to August 25, 2018, the delivery date of a copy of the complaint in this case, and 15% per annum pursuant to the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. The defendant bears a large amount of obligation at present and thus is preparing individual rehabilitation, but the same reason is not a justifiable reason for refusing the plaintiff's claim.

4. If so, the plaintiff's claim of this case is legitimate and accepted in entirety.