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(영문) 전주지방법원 2016.06.07 2016가단6356

대여금

Text

1. The defendant shall be the plaintiff.

(a) Within the limit of KRW 2,470,00, KRW 1,531,534 and its total amount of KRW 900,000. < Amended by Presidential Decree No. 26590, Nov. 1, 2015>

Reasons

1. The Plaintiff’s application for payment order of KRW 9.39% per annum 9.39% per annum 20,470,000 per annum 20, Feb. 2012, 2012, when the guarantee limit for the extension of the loan amount for delayed interest rate for the extended interest rate on the date of loan extension, the guarantee limit for the extension of the loan amount for the interest rate of KRW 1,90,000 per annum 1,90,000 per annum 21,9.39% per annum 45,90,000 on June 15, 2012. However, in light of the purport of the application and the evidence No. 2-2, the Plaintiff’s application for payment order of KRW 42,40,000 per annum is clearly erroneous.

The Plaintiff entered into a credit transaction agreement with B as follows, and loaned each amount of loan (hereinafter “instant loan”). The Defendant guaranteed the Defendant’s spouse’s obligation to the Plaintiff within the limit of each collateral guarantee.

B. At the time of the conclusion of the above credit transaction agreement, B approved that the basic terms and conditions of the Plaintiff’s credit transaction were applied, and the damages for delay decided to be based on the rate of damages for delay as determined by the Plaintiff. The rate of damages for delay determined by the Plaintiff is

C. B, despite the due date for repayment, lost the benefit due to the failure to repay it. As of November 18, 2015, the debt amount against the Plaintiff in B as of November 18, 2015 is ① KRW 1,531,534 of the principal and interest of the loan (i.e., KRW 900,000 of the principal and interest of the loan (i.e., KRW 631,534 of the principal and interest of the loan), ② KRW 72,071,273 of the principal and interest of the loan (i.e., KRW 42,40,00 of the loan principal and KRW 29,67

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, the Defendant, as a collateral guarantor for the instant loan, shall pay to the Plaintiff 1,531,534 won of the principal and interest of the loan, as well as damages for delay calculated by the rate of 15% per annum from November 19, 2015 to the date of full payment of the principal and interest of the loan, and damages for delay calculated by the rate of 15% per annum from November 19, 2015 to the date of full payment of all the principal and interest of the loan, and 42,40,000 won of the principal and interest of the loan, and of 2,00 won from November 19, 2015 to the date of full payment.