2016 Ghana 129943 Loans

1. A;

2. B

C

Pleadings without Oral Proceedings

April 14, 2017

1. With respect to KRW 64,89,037 and KRW 32,121,520 among the plaintiffs, 25% per annum from April 26, 2016 to the date of full payment, KRW 16,00,00 per annum from April 26, 2016 to the date of full payment, KRW 21.5% per annum from April 26, 2016 to the date of full payment, KRW 10,000 per annum from April 26, 2016 to the date of full payment, KRW 23.9% per annum, KRW 5,908, and KRW 537 per annum from the date of full payment to the date of full payment, KRW 15.1% per annum, KRW 2,00,000 per annum, from April 26, 2016 to 10 to 20.4% per annum, and KRW 105% per annum, from the date following the date of full payment to 14.29% per annum

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

Judges Han Jae-sung

Grounds for Claim

1. Relationship between the parties;

1) The new bank account amounting to KRW 32,50,500, E-ro 1,600,000, F-ro 20,490,000, and Nonghyup Bank account G, respectively.

2) The national bank account H in KRW 11.00,000 was paid.

3) For Hyundai Card 16,00,000 won a year, KRW 21.5% per annum, for 12,000,500 won per annum, KRW 23.9% per annum for 2,00,000 won per annum, KRW 12,99% per annum for 12,99% per annum for Nonghyup Card 5,908,537 won, and KRW 4.9% per annum for 4,490,000 for Eastern Fire Insurance (see, e.g., evidence 3).

The plaintiff A and B are married couple, and they are those who lend money to the defendant, and the defendant has borrowed money.

2. Basic facts

A. From May 11, 2015 to January 31, 2016, Plaintiff A determined an interest rate of 16 times to the Defendant and lent KRW 63,142,500 to the Defendant. On June 5, 2015, Plaintiff B lent KRW 11,00,000 to the Defendant two occasions on January 31, 2016, and the Plaintiffs lent KRW 74,142,50 to the Defendant. However, the Defendant repaid KRW 19,814,485,00 to the Plaintiffs until March 31, 2016 (see, e.g., the statement of transaction evidence No. 1).

B. If the plaintiffs urged the defendant to pay the outstanding amount, the defendant would pay the unpaid amount and interest thereon. Accordingly, on April 25, 2016, the plaintiffs would have concluded a monetary loan agreement with the defendant as follows (hereinafter referred to as "the monetary loan agreement of this case") with the loan principal of KRW 64,89,037 as the loan principal (hereinafter referred to as "the monetary loan agreement of this case") [the certificate of No. 2 of this case (the person of April 25, 2016)].

- - Aro -

O Principal: 64,899,037 won

O Interest: 25% per annum for interest on borrowed cash (amount paid at the Plaintiff’s own expense, KRW 32,121,520);

Loan interest (the amount paid by the Plaintiff, KRW 16,00,00,000 in Hyundai Card, KRW 12,00,500 in Dol Card, Nonghyup Card, KRW 5,908,537, and KRW 4,490,00 in Dolbu Fire Insurance) shall be interest rate of KRW 3 determined by each financial institution)

O Payment Period: Payment in installments of KRW 2,000,000 per day after April 25, 2016.

O Matters to be entered into an agreement: The obligor shall lose the benefit of the time limit and the obligor shall lose the obligation once the payment is delayed.

The principal and interest shall be repaid without objection even if the principal and interest is claimed.

C. However, after the above monetary loan contract, the defendant did not fully pay the loan principal of KRW 64,89,037 and its interest. The plaintiffs filed a complaint with the defendant in the same manner with the non-party I and J, together with the non-party I and the defendant, for fraud, and the court is currently in progress (see the screen for the case search of the evidence No. 4 of this case and the case No. 4806, Dec. 4, 2016).

3. The defendant's obligation to lend the principal and interest and pay damages for delay;

A. As mentioned above, the Plaintiffs are 64,89,037 won to the Defendant as to the leased principal.

4. On and after the 25th day of each month, a loan was made to repay KRW 2,00,000 on and after the 1st day of each month, but the defendant later did not pay the principal and interest, thereby losing the benefit of time in accordance with the terms and conditions set forth in the monetary loan agreement of this case (see Paragraph 4 of the certificate of loan No. 2 of the certificate of loan No. 1 (i. e., April 25,

B. Therefore, the defendant shall pay to the plaintiffs 1. 64,89,037 and 32,121,520 won per annum from April 26, 2016 to the date of full payment, 21.5% per annum from April 26, 2016 to the date of full payment, 21.5% per annum from April 26, 2016 to the date of full payment, 23.9% per annum from April 26, 2016 to the date of full payment, 5,908,537 won per annum from April 26, 2016 to the date of full payment, 15.1% per annum from April 26, 2016 to the date of full payment, 100,000 won per annum from April 26, 2016 to the date of full payment, 10% per annum from April 16 to 29, 2016 to the date of full payment.

4. Conclusion

The Defendant did not pay all the principal and interest under the instant monetary loan agreement to the Plaintiffs, and the Defendant appears to have been prosecuted for fraud by deceiving the money to the majority other than the Plaintiffs in the same way, thereby accepting all the Plaintiffs’ claims.