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(영문) 대전지방법원 2015.08.21 2015나2773
기타(금전)이자채권
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On December 31, 2007, the Plaintiff loaned 147,000,000 won to the Defendant at the maturity of August 25, 2008, 3% per annum, and damages for delay rate of 14% per annum. Article 6 of the Loan Transaction Agreement written at the time stated, “In cases where repayment was not made by the maturity of repayment, the Plaintiff shall pay damages for delay (14% per annum) with respect to the balance of the loan by the date following the maturity of repayment by the due date of repayment as determined by the Return Union.”

B. The plaintiff is the defendant on October 6, 2008.

As a repayment loan to the loans described in the paragraph, 147,00,000 won due date for repayment was set at 3% per annum on August 25, 2009, and the loan transaction agreement was made at the time. Article 6 of the loan transaction agreement which was made at the time states, “In case where the loan was not repaid by the due date for repayment, the balance of the loan shall be paid compensation for delay (per annum) according to the method determined by the Return Union from the day following the due date for repayment until the due date for repayment

C. On November 27, 2009, the Plaintiff was the Defendant.

As a repayment loan to the loans described in the paragraph, KRW 147,00,00 has been extended on November 27, 2010 at the due date for repayment and KRW 3% per annum. Article 6 of the loan transaction agreement prepared at the time states, “In cases where the loan has not been repaid by the due date for repayment, the balance of the loan shall be paid at the due date by the due date and by the due date for repayment as determined by the Dai Union.”

The plaintiff is the defendant on December 31, 2010.

The loan (hereinafter “instant loan”) was granted on December 31, 201 by setting the due date of repayment of KRW 147,00,000 as the substitute loan for the loan specified in the paragraph as 3% (hereinafter “instant loan”). Article 6 of the loan transaction agreement prepared at the time (hereinafter “instant loan transaction agreement”) states, “In cases where the loan was not repaid by the due date of repayment, the balance of the loan shall be paid compensation for delay (per annum) according to the method determined by the Return Association from the date following the due date of repayment.”

(e) above;

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