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(영문) 광주지방법원 2018.11.30 2018가단461
대여금
Text

1. The defendant shall pay to the plaintiff KRW 69,085,476 and KRW 47,939,129 among them, a year from December 9, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 22, 2014, the Defendant paid the principal and interest at an equal rate of 52,00,000, interest rate of 16.679% per annum on November 22, 2015 on the day when the loan expires, and when the principal and interest are not repaid in accordance with the agreement or the principal and interest is in arrears on two consecutive occasions or more in accordance with the basic terms and conditions of credit transaction even before the due date for payment, he/she shall lose the benefit due and pay overdue interest (the agreement shall be 4% within the rate of 30 days in arrears, more than 30 days more than 90, more than 5% within 90 days, and more than 5%) (hereinafter referred to as the agreement of loan transaction in this case), and the written consent of the loan transaction in this case, written consent of the credit information provider, certificate of repayment ability, short-term information registration guide, guidance for information on loans in a short term, and written consent of the Defendant’s seal imprint: The agreement of this case was submitted to the Plaintiff (former prior to the Plaintiff.

B. On October 22, 2014, the Plaintiff implemented a loan under the name of the Defendant, and paid KRW 52,000,000 to the account held in the Defendant’s name. On the same day, the said loan was fully withdrawn upon the withdrawal request signed and sealed under the Defendant’s name.

C. From October 23, 2014 to November 24, 2014, the Defendant paid the agreed interest amounting to KRW 4,095,892, and the remainder principal amounting to KRW 47,940,108, and the agreed interest amount to be paid from November 25, 2014 was recovered on December 8, 2016.

Accordingly, the Plaintiff’s repayment of the said KRW 979 as principal and the remaining principal as of December 8, 2016 remains 47,939,129 won.

[Grounds for recognition] Evidence Nos. 1 through 16, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, a loan contract was concluded between the Plaintiff and the Defendant to lend KRW 52,00,000 to the Defendant, and accordingly, the Plaintiff paid the Defendant. Thus, the Defendant, the obligor under the loan contract, was under special circumstances.

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