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Reasons
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(영문) 수원지방법원안산지원 2015.10.27 2015가단14204
대여금
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1. The Defendant shall pay to the Plaintiff KRW 21,476,859 as well as KRW 20,936,69 as to the Plaintiff’s KRW 20,936,69. From February 5, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 28, 2014, the Plaintiff and the Defendant repaid loans of KRW 22,200,000 as principal and interest in equal installments every 72 months. The interest rate on loans was 6.9% per annum and the interest rate in arrears was 24% per annum. (hereinafter “instant loan agreement”).

B. After that, the Defendant delayed the repayment of the principal and interest under the instant loan agreement, thereby losing the Defendant’s benefit of time under the instant loan agreement.

C. As of February 4, 2015, the Defendant’s loan principal amounting to KRW 20,936,696, and other arrears amounting to KRW 540,163.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 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 is obligated to pay to the Plaintiff damages for delay at the rate of 24% per annum from February 5, 2015 to the date of full payment of the loan principal of KRW 20,936,69 and KRW 20,936,69.

B. The Defendant’s defense of the Defendant’s defense of the Defendant’s defense of the payment of KRW 500,000 to the Plaintiff is a defense that the Defendant paid KRW 500,000 to the Plaintiff, and thus, there is no dispute between the parties to the Defendant’s payment of KRW 500,00 to the Plaintiff. However, in full view of the purport of the entire pleadings, the Defendant’s defense is without merit, in Article 4 of the Terms and Conditions of the instant loan agreement, that “A debtor bears the expenses for exercising and preserving the right to claim security, etc. of a financial company, and the obligor shall pay the expenses to the financial company on behalf of the financial company.” The Defendant paid KRW 1,453,780 to the Defendant for exercising the right to claim against the Defendant under the loan agreement of this case. Accordingly, the Defendant’s payment of KRW 500,000 to the Plaintiff is entirely appropriated for the above expenses.

3. Thus, the plaintiff's claim of this case is reasonable.

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