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(영문) 서울중앙지방법원 2016.12.16 2016나56884

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On March 31, 2006, Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) (hereinafter “ Solomon Savings Bank”) leased KRW 3 million to the Defendant at 39% per annum and for six months from the due date of repayment.

B. After that, the Defendant failed to repay the above loan obligations. On October 21, 2010, according to the implementation of the so-called “prior debt readjustment” system, the Defendant entered into a loan agreement with Solomon Savings Bank to renew the contract by extending the above loan obligations by 15% per annum to 27% per annum, delay damages to 27% per annum, and the due date for repayment to October 21, 201.

(hereinafter referred to as “instant loan” or “instant loan contract,” as the context requires.

The Defendant paid interest on the instant loan, and delayed the payment of interest from June 20, 201.

The Solomon Savings Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap46, and the plaintiff was appointed as the trustee in bankruptcy.

E. As of December 8, 2015, the principal and interest of the instant loan claims are KRW 6,624,827 (= principal interest of KRW 3,00,000,000).

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 27% per annum from December 9, 2015, which is the day following the last calculation of damages for delay, to the day of full payment, for the sum of the principal and interest of KRW 6,624,827, and the principal of KRW 3,00,000,00 among them, pursuant to the loan agreement of this case.

B. As to this, the Defendant asserts that the loan obligation of this case was completed by the lapse of five years from the commercial prescription period.

However, according to the aforementioned evidence and the purport of Gap evidence, according to the whole arguments, the defendant renewed the loan contract of this case on October 21, 2010 according to the implementation of the "prior Debt Adjustment" system with Solomon Savings Bank.