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(영문) 인천지방법원부천지원 2016.11.23 2016가단16056

대여금

Text

1. As to KRW 361,185,767 and KRW 220,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 361,185,767 from March 22, 2016 to June 9, 2016.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter collectively referred to as the “Plaintiff”) entered into a loan agreement with the Defendant on the following terms: (a) the Plaintiff (the National Agricultural Cooperative Federation and the financial portion divided after the Plaintiff was established; (b) borrowed KRW 220,000,000.

(hereinafter referred to as "each of the instant loan agreements" and the loan claims of this case: The loan amount of KRW 220,000: September 8, 2008: Interest rate: Fixed interest Rate (Selection of Article 3 (2) 1 of the Basic Terms and Conditions for Loan Transactions (for household loan) and the fixed interest rate of Article 3 (2) 2 of the General Terms and Conditions for Loan Transactions (for household loan) and the expiration date of the loan period: July 15, 201: To repay the full amount on the expiration date of the repayment period:

The time and method of payment of interest: The delay interest rate for each month from the date of loan commencement (Article 3 (5) of the Basic Terms and Conditions for Loan Transactions (for household) shall apply to each month.

B. The Defendant did not repay the principal and interest of the above loan, and the Plaintiff’s loan balance against the Defendant as of March 22, 2016 is as follows.

The loan principal interest rate of 220,00,000 won 141,185.767 won 361,185,185,767 won 12.21% [based on recognition] of the loan principal interest rate of 20,00,000 won 141,185.7 won 361,185,767

2. 1) The Defendant asserted that the lawsuit of this case did not have jurisdiction over the defense prior to the merits. 2) In full view of all the evidence and the purport of all the arguments prior to the conclusion of the judgment, the Defendant promised to apply the basic terms and conditions for the loan transaction of this case to the above agreement while entering into each of the loan agreements of this case.

Article 21 of the General Terms and Conditions for Credit Transactions of Agricultural Cooperatives ("the Terms and Conditions") shall not be in the jurisdiction of the National Federation, a debtor, a guarantor, or a person who has pledged his/her property to secure another's obligation in connection with credit transactions based on the terms and conditions.