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(영문) 서울중앙지방법원 2017.11.17 2017나66840
대여금
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. Basic facts

A. On November 26, 2014, the Defendant received a loan by designating KRW 15 million from the Plaintiff as the maturity date on November 1, 2019, interest rate of KRW 23.3% per annum, interest rate of arrears rate of KRW 27.9% per annum, and interest and interest equal equal repayment method (hereinafter “instant loan”).

B. From December 2, 2016, the Defendant delayed the payment of principal and interest.

C. On January 16, 2017, the Plaintiff sent a notice of expected loss of term interest and a written notice of legal procedure to the effect that “if the Defendant fails to repay the overdue interest, interest, etc. by January 20, 2017, which is the scheduled date for the loss of term, the interest rate for the entire principal shall accrue at 27.9% per annum pursuant to the terms and conditions of the loan agreement, and the total amount of the loan, overdue interest, legal procedure expenses, etc. shall be repaid,” and the Plaintiff did not deliver it to the Defendant due to the absence of closure by mail.

The principal and interest of the instant loan by January 30, 2017 are KRW 11,057,911 (i.e., principal amounting to KRW 10,838,587, and KRW 210,290 interest rateing to KRW 9,034).

E. Meanwhile, the part relating to the loss of benefit under the term of the instant loan agreement is as follows.

Article 8 (Duty to Pay Obligations Before Due Date) (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 deadline for the relevant obligation and shall pay him/her with the obligation to pay it:

In such cases, the financial company shall notify the debtor and the joint guarantor of the fact that the repayment of the following obligation is delayed and the benefit resulting therefrom is lost three business days prior to the date of loss of the benefit of time, and if the financial company fails to notify the debtor and the joint guarantor three business days prior to the date of loss of the benefit of time, it shall lose the benefit of time after three business days prior to the date of actual notification and the debtor shall be obligated to pay the benefit

2. When the payment of principal and interest of installment payments or installment payments has been delayed on two consecutive occasions or more [based] strifeed, Gap evidence 1 through 7, Eul evidence 1, and Eul evidence 1.

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