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(영문) 부산지방법원 2021.02.02 2020가단316672
대여금
Text

1. The defendant shall pay to the plaintiff KRW 87,655,744 as well as KRW 72,00,000 among them, the amount of KRW 87,65,74 as per annum from April 13, 202 to the day of full payment.

Reasons

1. Following the facts of recognition are recognized by the parties or by the purport of Gap evidence Nos. 1 and 22 as a whole.

A. The Plaintiff loaned a loan to the Defendant as indicated in the following table (hereinafter each loan contract shall be set by the sequence below). The amount of the loan from the date of the loan is set as follows: (a) 1.9% of the fixed interest rate of KRW 40 million on August 24, 2015, the expiration date of the loan period; (b) 1.9% of the fixed interest rate MOR base rate of KRW 40 million on August 24, 2016; (c) 1.9% of the fixed interest rate of KRW 1.9% on August 24, 2015; and (d) 1.71% of the fixed interest rate of KRW 5.4 million on August 3, 2015, the Plaintiff and the Defendant extended the loan period of KRW 1.71% on September 30, 2015 and 2.0% on September 24, 2012.

At the time of the extension of the agreement, the Plaintiff and the Defendant changed the agreed interest rate to “5.57% of the base rate for MOR”, and at the time of August 24, 2019, the base rate for MOR was 1.29%.

(c)

The base interest rate of MOR at the time of loan contract was 1.59%.

(d)

At the time of each of the above loans, 6% in cases where the overdue period is less than 30 days, 7% in cases where the overdue period is more than 31 days but not more than 90 days, and 8% in cases where the overdue period is more than 91 days, and 3% in cases where the overdue period is more than 91 days, the Plaintiff agreed to add the agreed interest rate. However, from April 30, 2018, the Plaintiff calculated the overdue interest rate by uniformly adding 3% in cases where

E. Following the Defendant’s delinquency in the repayment of the above loan, the Defendant lost the respective benefit of each time period on April 4, 2020 for the loan No. 20, around March 3, 2020 for the loan No. 3, and around February 2, 2020 for the loan No. 3.

F. As of April 12, 2020, a loan of 1 as of April 12, 2020 KRW 36 million with interest, interest, and interest on 209,680 per annum [6.86% per annum (= 5.57% per annum), interest rate of 9.86% per annum (= 6.86% per annum)]; total 36,209,680 won; total 36,209,680 won with interest and overdue interest of KRW 36 million per annum (this rate and overdue interest rate of KRW 1 loans; hereinafter the same shall apply); total 36,593,310 won with interest and overdue interest of KRW 36 million per annum; and three loans.

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