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(영문) 서울중앙지방법원 2016.06.28 2015가단5264576

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 1,172,972,449 and the interest rate of KRW 15% per annum from August 13, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On September 3, 2009, A Co., Ltd. (hereinafter “A”) entered into a credit transaction agreement with the Defendant setting the credit limit amount of KRW 9 billion, KRW 9 billion on September 3, 2010, the expiration date of the credit period of KRW 9 billion, KRW 9% per annum, and KRW 22% per annum at an overdue interest rate. On September 3, 2010, an additional agreement was concluded to extend the expiration date of the credit period to September 3, 201.

(hereinafter referred to as "the credit transaction agreement of this case" in this Agreement and any additional arrangement

The Defendant’s obligation of loans under the instant credit transaction agreement was KRW 9,211,273,966 as of September 26, 201. However, the Defendant repaid KRW 211,30,000 to A on December 30, 201, and KRW 8,99,973,966 on April 27, 201, and this was appropriated for the principal of the said obligation of loans.

C. On April 30, 2013, A was declared bankrupt by the Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed from the above court as a trustee in bankruptcy.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. Determination

A. According to the fact that the obligation to pay loans under the instant credit transaction agreement remains 1,172,972,449 won [the total overdue interest rate of KRW 527,440,070 [the amount of KRW 9,211,273,96 per annum x 22% per annum x 95 days x 95 days/365 days; 9,211,273,966 won as of September 26, 201; 211,273,966 won as of September 26, 201; 21,30,300,000 won as of December 29, 201; 30,000 won per annum 222% per annum from September 26, 2011 to December 29, 201; 30,0000 won per annum 96% per annum 196% per annum (the amount per annum 296.3,297.19.20%) per annum