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(영문) 서울중앙지방법원 2017.12.06 2017가합9959

양수금

Text

1. The defendant shall pay to the plaintiff KRW 393,427,024 and KRW 207,267,750 among them, from December 10, 2016 to the date of full payment.

Reasons

1. The defendant was granted a loan of 1.3 billion won from a new bank that was a stock company (hereinafter “new bank”) on June 2, 2003.

The above loan was extended every year, and the maturity of which was extended once again on June 2, 2009, and the defendant and the new bank entered into an additional agreement on credit transaction agreements and overdue interest rates as follows, respectively.

(hereinafter referred to as "the principal and interest of loan of this case" under the agreement - General loan - Amount of loan - Amount of 1.3 billion won: Interest rate of six months: interest rate of 4.3%p on June 2, 2010 - Rate of financial loan : Six months from the date of loan execution; one year; two years; three years from the date of loan execution; and five years from the date of five years; simple average interest rate of KIIS claim - overdue interest rate of 30% on a different period of time as publicly notified by the Korea Credit Assessment Board: Additional rate of 10% publicly notified by the new bank (from July 22, 2002 to December 29, 201; 30% on a separate basis; 40% on a new real estate loan and 60% on a comprehensive basis; 30% on a new real estate loan and 40% on a separate basis (the Seocho-gu District Court was publicly notified as 90% on a separate basis).

(2) The Defendant, from August 3, 2009, began to delay the obligation to return the principal and interest of the instant loan from around August 3, 2009.

The ordinary interest rate applied to the defendant around that time was 7.42%, and the simple average interest rate for the return on financial bonds should be calculated according to the standard set by the credit transaction agreement.