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(영문) 의정부지방법원 2017.01.18 2016가합1592
대여금
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 569,640,693 to the Plaintiff (Counterclaim Defendant).

2. The remainder of the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. The Plaintiff’s loan 1) On November 24, 2006, the Plaintiff extended a loan to the Defendant with the interest rate of KRW 1.28 billion as of November 24, 2006 and the maturity of payment as of November 24, 2009 (hereinafter “the loan agreement of November 24, 2006”).

The rate of delay damages and the period of special indemnity under the first loan contract shall be set as follows. The rate of delay damages and the period of delay damages shall be set as follows. The period of delay shall be subject to the following differential rates (Article 5(1). - The period of delay is less than one month (not more than 30 days): 7% of debtor loan interest rate; 8% of debtor loan interest rate for not less than one month but less than three months: the period of delay shall be not less than three months: 10% of debtor loan interest rate of less than 15% per annum; and 21% per annum shall apply at a rate exceeding 21% per annum. In the event the loan is not repaid by the expiration date of the loan period, partnership may extend the extended period by one year without obtaining separate consent from the principal; 2.2% of the loan interest rate of not more than 10% per annum 200 million to the defendant on February 1, 2011 and the loan interest rate of not more than 201.3% per annum.

3) The basic terms and conditions of member cooperatives credit transaction applicable to each of the instant loan agreements (hereinafter “instant terms and conditions”).

The parts relating to the instant case are as follows:

(1) The obligor shall bear the following expenses due to non-performance of obligation:

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