beta
(영문) 서울중앙지방법원 2015.07.02 2015가단5027319

대여금

Text

1. As to KRW 79,397,424 and KRW 74,882,048 among the Plaintiff, Defendant A’s year from January 31, 2015 to May 14, 2015.

Reasons

1. On December 23, 2013, the Plaintiff Bank entered into a loan transaction agreement with Defendant A on a loan transaction agreement with the rate of KRW 85,200,00 for the subject of the loan, KRW 85,200 for the subject of the loan, and KRW 5% for the repayment date on December 23, 2018 for the interest rate of KRW 90,000 for the overdue interest rate of KRW 85,20,000 for the subject of the loan (i.e., the 15% per annum) for at least 90,000 for the overdue interest rate (i.e., the 15% per annum), and on the same day,

2. Meanwhile, Article 7 (2) of the General Terms and Conditions for Credit Transactions, which the above defendant approved that the above defendant is applicable, provides that if the debtor delays the payment of the principal and interest on the installment repayment or the installment repayment on more than two consecutive occasions, he shall naturally lose the benefit of the time limit for the pertinent debt and be obliged to pay it immediately.

(No. 2). However, Defendant A delayed the payment of the principal and interest on the installment repayment on October 1, 2014, thereby losing the benefit of the time limit for the above loan, and the Plaintiff Bank demanded the Defendant to pay the above amount.

3. However, the Plaintiff Bank was not paid KRW 10,317,952 out of the above money by the Defendant, and was not paid with interest accrued from KRW 74,882,048 in the balance of the loan, KRW 4,364,776 in total from August 2, 2014 to January 30, 2015, KRW 79,246,824 in total, and KRW 74,82,04 in total, and KRW 74,82,048 in total, from January 31, 2015.

(A) Article 4 (1) of the General Terms and Conditions for Bank Credit Transactions (A) that approves the application between the Plaintiff Bank and the Defendant provides that "the debtor shall, in accordance with the default, bear the expenses for the exercise or preservation (including the termination thereof) of the bank's claims or security rights against the debtor, the guarantor, or the surety (including the termination thereof)."

(A) However, the Plaintiff Bank paid KRW 150,600 as provisional seizure against the Defendant (Evidence A No. 4), and the Defendant shall pay the above money to the Plaintiff Bank.

5. Accordingly.