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(영문) 대구지방법원 2018.06.21 2017나317028

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. Basic facts

A. On October 13, 2010, the Defendant entered into a loan transaction agreement between the Plaintiff and the Defendant. On October 13, 2010, the Defendant is 1,131 square meters (hereinafter “instant real estate”).

(1) The Plaintiff is entitled to a loan as collateral, and the Daegu District Court’s Gun Branch Office of the District Court (Seoul District Court No. 12349, Oct. 13, 2010; 6,500,000 won of maximum debt amount (hereinafter “mortgage”) regarding the instant real estate shall be entitled to a loan as collateral, and the right derived therefrom shall be deemed as

(2) On October 15, 2010, the Defendant entered into a loan transaction agreement with the Plaintiff and received a loan of KRW 5,000,000 from the Plaintiff on October 18, 201.

Article 1. Commencement Date of Loan of Terms and Conditions: Interest rate on October 18, 2010: 8.5% per annum (change, base rate of 2.5%) interest rate: 17% per annum: The maximum repayment method and method of payment of interest: 17% per annum from the date on which the loan comes first: The first interest shall be repaid in installments every one month from the date on which the loan comes first, the first interest shall be paid within one month from the date on which the loan comes first, and the later interest shall be paid within one month from the date following the last day of calculation of the interest paid, and the later interest shall be paid damages for delay under Article 2 (1) (in cases where the interest, installment repayment, and installment repayment principal and interest payment are not paid on the date of payment, the delay

(2) When a person fails to perform his/her obligation at the expiration of the term of loan or loses the benefit under Article 7 of the Framework Terms and Conditions on Credit Transactions, he/she shall pay damages for delay on the balance of the loan from that time

3) The Defendant paid the principal and interest on the installment repayment calculated as listed below from November 18, 201 to July 18, 201 under the above loan transaction agreement (unit: 10-11-18,170,000 36,090 206,090 4,830,00-12-12-18,000 33,740 33,740 4,692,692,001-11-18,138,930,9304,54,12-18,138,80-138,138,740,7404,692,000 11-138,930,930,54,000-138,008-137,08,081,74,07