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(영문) 광주지방법원 2020.07.10 2019가단512459
대여금
Text

1. The defendant within the limit of KRW 118,03,43 among the plaintiff and KRW 97,380,622 among the plaintiff's KRW 230,750,000, May 7, 2020.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In fact, on February 29, 2016, the Plaintiff entered into a loan transaction agreement with E Co., Ltd. (FF Co., Ltd.; hereinafter “Non-Party”) on KRW 32,100,000, with the maturity date on March 20, 2021, with the repayment method on KRW 60-month equal installment payment, interest rate on KRW 11.9% per annum, ② the loan amount on KRW 40,200,00, with the maturity date on March 20, 2021; the loan transaction agreement on KRW 60,200,000, with interest rate of KRW 11.9% per annum; ③ the loan transaction agreement on KRW 30,200,00, with the maturity date on KRW 60,000, with the interest rate of KRW 200,000 per annum equal interest rate of KRW 60,000, with the repayment method on KRW 60,19,201.

(C) The loan transaction agreement of each of the instant loan transaction agreements was concluded in the form of six loan transaction agreements. Meanwhile, the overdue interest rate under each of the instant loan transaction agreements is 21.9% per annum plus 10% per annum in the case of the initial vehicle 1-2 vehicles in arrears; 22.9% per annum in the case of the vehicle in arrears 3-5 vehicles in arrears plus 11% per annum in the agreed interest rate; 23.9% per annum in the case of the vehicle in arrears 6 or more times in arrears, plus 12% per annum in the agreed interest rate; however, on April 30, 2018, the Financial Services Commission revised the “Regulations on the overdue interest rate of credit business, etc. and the Protection of Finance Users” by Article 9(4) of the Enforcement Decree of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and at the same time, 14.9% per annum in arrears at the rate of 3% per annum.

The Defendant shall enter into a respective loan transaction agreement of this case.

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