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(영문) 수원지방법원 2020.06.17 2019가합12827

대여금

Text

1. The Plaintiff’s individual rehabilitation claim against the Defendant is from September 18, 2018, regarding KRW 41,739,897 and KRW 26,239,897 among them.

Reasons

1. Basic facts

A. On September 11, 2018, the Plaintiff drafted a loan certificate with the content that the Defendant borrowed KRW 156 million from the Plaintiff on August 1, 2018 (hereinafter “the first loan certificate”) from the Defendant on April 30, 2019, the interest rate of KRW 24%, and the payment date of interest on the fiveth day of each month (hereinafter “the first loan certificate”), and ② the Defendant borrowed KRW 53 million from the Plaintiff on July 3, 2018 on the due date for payment on December 31, 2018, the amount of KRW 53 million and the interest rate of KRW 24% and the 24th day of each month on the payment date of interest (hereinafter “the second loan certificate”).

The contents of this case concerning special agreements entered into in the certificate of borrowing shall be as follows:

7. Special Terms and Conditions - The Plaintiff’s loan to the credit business, savings bank is in progress with the Defendant’s introduction, and the loan to the Defendant is extended to the Defendant (terms: payment within three days, and payment within six million won, but not performed) - The Plaintiff’s credit rating drops due to the decline in the Plaintiff’s credit rating due to the failure to comply with the relevant terms and conditions, shall be paid KRW 5.5 million for credit recovery.

B. Around December 2018, the Defendant lent KRW 258,750,000 in total to the Defendant, a total of 23 times from July 1, 2014 to July 4, 2018, as an unregistered credit service provider who did not register a credit business, and received a total of KRW 265,069,726 from the Defendant as principal and interest.

Under the Interest Limitation Act, the principal and interest amount to be paid by the Defendant to the Plaintiff for KRW 278,750,000 for the said loan amounting to KRW 278,79,679 [24% per annum from July 1, 2014 to August 20, 2018] KRW 255,069,726 paid by the Plaintiff was claimed to have been appropriated for the principal amounting to KRW 49,750,00 and interest amounting to KRW 215,319,726, while the Defendant’s debt remains for KRW 209,00,000,000 for the Defendant’s husband, and the Defendant’s husband was forced to know his her her son and have been forcibly prepared for the first and second evidence from the Defendant.

The plaintiff is a real estate owned by the defendant with a claim amount of KRW 209,00,000 on the basis of the first and second certificates.

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