logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.06.20 2018가단6633
대여금
Text

1. The defendant shall pay to the plaintiff KRW 294,327,675 double and KRW 290,000,000 from January 11, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 7, 2014, the Plaintiff loaned KRW 4.52% of the base interest rate, KRW 4.52% of the maturity date, and KRW 150,000 to the Defendant on January 7, 2018 (hereinafter “instant loan 1”); ② on February 26, 2014, KRW 4.53% of the base interest rate; and KRW 26,000 on February 26, 2018.

(hereinafter “instant second loan”). (b)

After the Defendant’s closure of business on August 31, 2017, the Defendant lost the benefit of December 29, 2017. As of January 10, 2018, the principal and interest of the instant loan amounting to KRW 141,130,546 (i.e., the principal and interest of KRW 140,00,000) as of January 10, 2018; (ii) the principal and interest of the instant loan amounting to KRW 1,130,546 (i.e., the principal and interest of KRW 151,272,246 (= the principal and interest of KRW 150,00,000) as of KRW 1,272,276); and (iii) the interest rate of each of the instant loans remains at KRW 15% per annum.

C. Meanwhile, around January 20, 2014, the Defendant entered into a credit card use agreement with the Plaintiff (hereinafter “the instant credit card use agreement”) and received a credit card from the Plaintiff and used it. Under the instant credit card use agreement, the overdue interest rate applied by the Plaintiff pursuant to the instant credit card use agreement is 27% per annum and 25% per annum per annum at the time of temporary payment and cash service.

Under the instant credit card contract, the Defendant’s obligation based on January 11, 2018 is KRW 1,924,883 (i.e., temporary payment of KRW 1,609,492, KRW 300,000, KRW 863, late payment of KRW 14,528).

【Ground of recognition】 Facts without dispute, entry of evidence of subparagraphs 1 through 4, purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant: (a) KRW 294,327,675 (=141,130,546 Won 151,272,246 Won 1,924,883) and KRW 290,000,000 (= KRW 140,000,000,000, KRW 150,000,000), which is the aggregate of the principal and interest of each of the loans of this case and the credit card use amount (=141,130,546 Won 151,272,246 Won); and (b) lump sum credit card payment from January 11, 2018 to the date of full payment.

arrow