logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.03.12 2014가단215435
대여금
Text

1. The defendant shall pay to the plaintiff KRW 48,764,872.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On October 7, 2008, the Plaintiff lent to the Defendant an amount of KRW 440 million by October 7, 2009, the interest rate of KRW 13% per annum, and damages rate of delay shall be 25% per annum, but Article 3(5) of the General Terms and Conditions of the Mutual Savings Bank (hereinafter “Terms and Conditions of this case”) shall apply, and at the time of loss of benefit under Article 7 of the Terms and Conditions of this case, the Plaintiff determined that damages for delay shall be paid.

(hereinafter “instant loan agreement.” Meanwhile, Article 3(5) of the instant agreement provides that where an obligor delays the obligor’s performance of its obligations against savings banks, the amount to be paid immediately shall be the rate set by savings banks within the limit set by law, and shall pay damages for delay equivalent to the number of days delayed calculated on a daily basis, 1 year and 365 days, 365 days, and where a change in the financial situation or any other similar cause occurs, the rate may be changed to the extent permitted by law. Article 7(2) provides that the payment of interest, etc. shall lose its benefit if the obligor delays for one month continuously from the time of payment of interest, etc.

B. Since June 11, 2009, the Defendant did not pay interest and lost the benefit of July 13, 2009. Upon exercising the security right, the Plaintiff was paid KRW 510,878,483 in the aggregate of KRW 505,492,893 in the dividend of June 25, 2010 and KRW 5,385,590 in the enforcement cost.

The Plaintiff appropriated the above amount to KRW 5,587,580, principal amount of KRW 400,000,000,000 for KRW 114,069,912, and interest and damages for delay, KRW 65,290,903, and the Plaintiff additionally collected KRW 14,137 on June 1, 201 and collected KRW 48,764,872 for delay.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 evidence, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay damages for delay to the plaintiff KRW 48,764,872.

B. Judgment on the Defendant’s assertion (1)

arrow