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(영문) 수원지방법원 2017.09.22 2016가합83
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 619,889,760 and the interest rate of KRW 15% per annum from December 6, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. (1) On January 29, 2015, the Plaintiff, a financial institution, made a loan agreement with the Defendant, and the Plaintiff applied the Defendant the interest rate on January 30, 2017, 5.2% per annum, and damages rate per delay by adding the additional interest rate per delay period to the above interest rate. However, the Plaintiff, a financial institution, as the Defendant on January 29, 2015 (hereinafter referred to as “instant loan”) shall be subject to a loan of KRW 600,00,000 by stipulating that “within three months per annum, 11% per annum per annum, 6 months per annum, and 14% per annum exceeding six months.

I have drawn up a loan transaction agreement with terms and conditions.

(2) Where a debtor falls under any of the following cases with respect to the debtor, the debtor shall naturally lose the benefit of the time limit and pay the debt immediately.

However, the Plaintiff shall notify the obligor of the fact that he/she has delayed payment of the following obligations and that the benefit arising therefrom would be lost by not later than three business days prior to the date of loss of the benefit due, and if the obligor fails to notify by not later than three business days prior to the date of loss of the benefit due, he/she shall be obliged to pay the due amount by losing the benefit due at the expiration of three business days from

1. When one month has elapsed since the payment of interest was made;

2. Article 2(2) of the loan agreement of this case provides that when the payment of principal and interest on installment payments or installment payments has been delayed two consecutive times or more, Article 2(2) of the loan agreement of this case provides that when the benefit under Article 7 of the basic terms and conditions for credit transaction of community credit cooperatives has been lost, compensation for delay shall be paid to the balance of the loan from that time. The main contents of Article 7 of the basic terms and conditions for credit transaction of community credit cooperatives are as follows. (B) The Defendant is between B Co., Ltd. (hereinafter “B”) on December 2, 2014 and the Defendant on December 2, 2014.

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