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(영문) 인천지방법원부천지원 2016.10.19 2016가단107075
대여금
Text

1. As to KRW 357,689,195 and KRW 220,00,00 among the costs, the Defendant shall pay to the Plaintiff KRW 357,689,195. From March 17, 2016 to April 17, 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.

(2) On July 25, 2008, the loan agreement of this case is "the loan agreement of this case" and the loan claim of this case is 220,00,000 won: The loan interest rate of 20,000: July 25, 2008: The fixed interest rate (to select Article 3 (2) 1 of the Basic Terms and Conditions for Loan Transactions of Agricultural Cooperatives) and the changed interest rate (to select Article 3 (2) 2 of the Basic Terms and Conditions for Credit Transactions of Agricultural Cooperatives) and the expiration date of the loan period: July 25, 2011: The repayment method shall be repaid in full on the expiration date of the loan period.

The rate of delay interest (Article 3(5) of the General Terms and Conditions for Credit Transactions (for Credit Transactions in Agricultural Cooperatives), among the principal of the loan, the rate of delay interest of 220,00,000 won 137,689,195 won 357,689,195 won 12.35% of the total amount of interest and delay damages.

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 17, 2016 is as follows:

[Ground for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 2, 4, 6, and 8, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay to the plaintiff the total amount of principal and interest of KRW 357,689,195 as well as the principal of KRW 220,00,000 among them, with interest rate of KRW 12.35% per annum, interest rate for delay delay, from March 17, 2016 to April 17, 2016, which is the service date of the original copy of the payment order in this case, and with interest rate of KRW 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

3. The Defendant’s assertion and determination 1) The Defendant did not enter the interest rate and the due date in the loan agreement while entering into the instant loan agreement, and did not grant the Plaintiff the supplementary right.

Therefore, the loan agreement of this case is determined between interest and the due date.

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