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(영문) 서울중앙지방법원 2020.02.13 2019가합537311
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 270,00,000 and the interest rate of KRW 27.9% per annum from July 2, 2016 to the day of complete payment.

Reasons

1. On July 1, 2016, the Plaintiff entered into a monetary loan agreement with the Defendant to lend KRW 270,000,000 to the Defendant on October 1, 2016, setting the due date as 27.9% per annum, and the main contents are as follows:

(hereinafter referred to as “the loan in this case”). Article 1 (Loan Amount) The defendant is the loan amount borrowed from the plaintiff as follows:

The term of a loan for consumption under this Agreement is from July 1, 2016 to October 1, 2016 (three months).

Article 3 (Interest and Overdue Interest) (1) The interest rate on the leased amount under this Agreement shall be 27.9% fixed interest rate per annum.

2. If the Defendant fails to repay or pay all or part of the loan, interest, fees, and other obligations, the overdue interest calculated at the overdue interest rate of 27.9% per annum shall be paid to the Plaintiff.

Article 11 (Matters to be Special Agreement) In addition to the above general provisions, the plaintiff and the defendant shall determine the following matters as the special agreement, and if the special agreement conflicts with the main sentence, the special agreement shall prevail:

2. The purpose of this loan is the cost for the purchase of red support C goods and the use of the funds for the separate purpose of the defendant.

3. For the preservation of loan claims, the Defendant obtains the status of an independent contractor when the progress of the contract for the transfer and acquisition of collateral after the loan execution together with the Plaintiff, and pays any balance thereafter.

4. This loan is executed for the purpose of the smooth progress of the red support C auction, and thus, it is difficult to extend the additional maturity when the three-month contract period expires.

5. It is used to pay the term contract amount to the existing contractor (D) of No. 2.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is the Plaintiff at KRW 270,000,000 and the following day of the loan.

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