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(영문) 창원지방법원거창지원 2016.09.27 2016가단1248
대여금 등
Text

1. The Defendant’s KRW 49,765,939 and KRW 30,634,306 among the Plaintiff’s KRW 49,765,939, and KRW 10,000,000 among the Plaintiff.

Reasons

1. Indication of claim;

A. On December 8, 2005, the Plaintiff and the Defendant agreed on a loan limit of KRW 30,000,000 per annum, interest rate of KRW 8.5% per annum, and December 8, 2007. The Plaintiff concluded a contract for self-reliance deposit loan with the intent to comply with the Plaintiff’s basic terms and conditions of credit transaction (hereinafter “first loan loan”) and thereafter loaned KRW 30,634,306 to the Defendant.

B. On May 30, 2007, the Plaintiff loaned KRW 10,000,00 to the Defendant at interest rate of KRW 9.8% per annum, and on May 30, 2010, the term of loan extended (hereinafter “second loan”), but the Plaintiff agreed to comply with the Plaintiff’s credit transaction basic terms and conditions.

C. The remaining principal and interest of the loan claim No. 1 as of June 8, 2016 are KRW 37,912,666 (i.e., principal amount of KRW 30,634,306 overdue interest of KRW 7,278,360). The remaining principal and interest of the loan claim No. 2 as of June 7, 2016 are KRW 11,853,273 (i.e., principal amount of KRW 10,00,000 overdue interest of KRW 1,853,273). The interest rate set according to the Plaintiff’s credit transaction basic terms and conditions is KRW 15% per annum.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 15% per annum from June 9, 2016, to June 8, 2016, to KRW 10,000,00,000, which is the day following the base date for calculation, for KRW 49,765,939 (=37,912,666), and KRW 11,853,27, and KRW 306 of the remaining principal of the loan in the first loan.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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