(영문) 서울중앙지방법원 2018.10.24 2017가단5130486

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(영문) 서울중앙지방법원 2018.10.24 2017가단5130486

대여금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 3, 2012, the Plaintiff (hereinafter referred to as the “Plaintiff bank”) extended a loan to the Defendant on January 3, 2012 according to the terms and conditions of the Plaintiff’s lending agreement to apply the interest rate prescribed by the Plaintiff bank and the compensation for delay on January 3, 2042 on January 3, 2012. The rate of damages for delay is 11% from January 1, 2013.

On the other hand, the Defendant set the maximum debt amount of KRW 92,400,00 with respect to the Yangcheon-gu Seoul Building C (hereinafter “instant real estate”) owned by the Defendant as security for the said loan on the same day, and set the collateral (hereinafter “instant collateral”) against the Plaintiff bank.

B. On December 30, 2016, the Plaintiff bank agreed to apply the interest rate of 6,00,000 won on December 30, 2016, and interest, damages for delay, etc. on December 30, 2021 on December 30, 2021 to the Defendant and agreed to apply the interest rate of 6,00,000,000 won on December 30, 201, and provided a loan to the Defendant according to the bank credit transaction basic terms and conditions. The damages for delay rate is 11%.

(c) Where the credit has been deteriorated or significantly decreased due to the reasons attributable to the customer or guarantor under Article 6 (Provision of Security) of the General Terms and Conditions for Credit Transactions such as the Bank's General Terms and Conditions for Credit Transactions, the higher amount or guarantor shall, upon the request of the Bank for the preservation of credit, guarantee the restoration and security.

Article 7 (Duty of Repayment before Due Date) (3) If, for any of the following reasons, a bank is likely to cause a significant risk to the preservation of its claims, the bank shall urge the customer to repay, seize, etc. in writing, and recover credit, etc., and the customer shall be liable to repay the claims immediately after the lapse of the period specified by the bank at least 10 days from the date of arrival of the notice.

1. Any one of several obligations to a bank.

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