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(영문) 부산지방법원 2019.01.10 2018나4380

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. Determination as to the cause of claim

A. Facts 1) The Defendant received a loan from the Plaintiff on June 22, 2010, with each of the terms of KRW 472,000,000 from the Plaintiff on June 22, 2020, with the interest rate fluctuation rate and damages rate applied to creditors, respectively. On April 9, 2015, the Defendant was granted a loan of KRW 8.1 million on April 9, 2015, with the interest rate fluctuation rate and damages rate applied to creditors, respectively. However, on January 2, 2018, the Defendant delayed the payment of principal and interest, thereby losing the benefit of time due to delay. (2) The details of the Defendant’s loan principal and interest on the Plaintiff as of January 2, 2018 are as set forth in the following table.

C 1,802, 817, 135, 332, 208, 188 2,146, 337% per annum 15% per June 9, 2015, 382, 637 1,070, 88,472, 822, 0419, 517, 9691, 278, 34610, 10, 278, 618, 618, 618, 358, 618, 618, and 6% per annum of the principal and interest of the loan (cost) interest rate per annum (cost) interest rate per annum (cost) interest per loan (cost) interest per the loan (cost) interest per the loan (cost) interest rate per June 22, 2010 (cost)

B. According to the facts found earlier, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum, which is the interest rate for delay damages, from January 3, 2018 to the date of full payment, with respect to KRW 8,822,041 of the principal and interest of the loan and KRW 10,618,356 of the loan and the aforementioned money.

2. The defendant's assertion is alleged to the effect that the branch office of the plaintiff managing the above loan was changed to make it difficult for the defendant to conduct transactions, and that there is no economic ability to repay the loan at present. Thus, such circumstance does not constitute a ground for refusing the plaintiff's claim under law. Thus, the defendant's above assertion is without merit.

3. As such, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.