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(영문) 광주지방법원 목포지원 2018.09.19 2018가단52090
대여금
Text

1. As to KRW 46,075,501 and KRW 41,300,00 among them, the Defendant shall pay to the Plaintiff the year from February 28, 2018 to March 12, 2018.

Reasons

1. Facts of recognition;

A. On June 19, 2006, the Plaintiff concluded a loan transaction agreement with the Defendant with the following contents and implemented the loan to the Defendant:

(hereinafter referred to as "loan of this case") - Amount of loan limit of 30 million won (the increase of 60 million won in the B) - Date of loan expiration: June 19, 2006 - Interest rate of June 19, 2008 (the extension until June 19, 2017 in the B) - Rate of 8.1% per annum until the expiration date of the loan period (the change to 7.85% in the B, and the final change to 6%) - Compensation interest rate of delay (applicable to the Framework Agreement on Loan Transactions in the Agricultural Cooperatives): It shall be applied differently according to the period of delinquency, but 15% per annum if the rate of delay calculated according to the following standards is below 15% per annum, and 19% per annum if the rate of delay exceeds 19% per annum:

1. Where the period in arrear is not more than 30 days: Number of days in arrear ¡¿ (6%) ± (6%) ± 365;

2. Where the period in arrear is not less than 31 days but not more than 90 days: Number of days in arrear calculated from the first date in arrear ¡¿ (7%) (7%) ¡À365;

3. Where the period in arrear is at least 91 days: Number of days in arrear calculated from the first date in arrear ¡¿ (9%) ± 365.

B. The balance of the instant loan as of February 27, 2018 is KRW 46,075,501 (i.e., the principal of the loan plus interest KRW 41,30,000 + interest KRW 2,421,967 + overdue interest KRW 2,353,534).

[Reasons for Recognition: Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings]

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 46,075,501 in the balance of the instant loan and the amount of KRW 41,30,000 in the loan principal from February 28, 2018 to March 12, 2018, the delivery date of a copy of the instant complaint from February 28, 2018, to March 12, 2018, the Plaintiff shall be 13% per annum that the Plaintiff seeks, and the delay damages calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the

On this issue, the defendant claimed excessive amount of money.

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