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(영문) 서울중앙지방법원 2016.05.20 2015가단183375
대여금등
Text

1. The Defendant shall pay to the Plaintiff KRW 121,807,462 among the Plaintiff and KRW 120,000 among the Plaintiff, with the interest of KRW 120,000 from August 11, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant entered into a credit transaction agreement with the Plaintiff and the Plaintiff on March 14, 2008, the interest rate of KRW 120,000,000, 4.27%, and June 14, 2015 at maturity (hereinafter “the instant credit transaction agreement”), and received loans from the Defendant in order to purchase the department store stores located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “non-party company”).

B. At the time of the credit transaction agreement in this case, the Defendant paid damages for delay in accordance with the interest rate in arrears to the financial institution with respect to the change of the interest rate upon expiration of the credit period. According to this, the overdue interest rate of not more than three months from maturity is 11.27%

C. Although the maturity of the instant credit transaction agreement has arrived, the Defendant did not repay it, and as of August 10, 2015, the Defendant did not pay the principal amount of KRW 120,000,000, overdue interest of KRW 1,807,462 as of August 10, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the maturity of the instant credit transaction agreement arrives, the Defendant is obligated to pay to the Plaintiff the agreed interest of KRW 121,807,462 as well as the agreed interest of KRW 120,000,000 per annum from August 11, 2015 to the date of full payment.

3. The defendant's assertion argues that the defendant paid interest in good faith during the period of time, and the plaintiff raised the interest rate per se after maturity to 11.27%, which is to the effect that it is unfair.

According to the above evidence, the Defendant agreed to pay damages for delay on the balance of the loan in accordance with the Bank Credit Transactions Basic Terms and Conditions if the Defendant fails to repay debts on the expiration date of the credit period at the time of the instant credit transaction agreement. According to the Plaintiff’s interest rate on overdue loan, in the case of the Defendant, the overdue interest rate for the Defendant shall be 11.27% [4.27% per overdue interest rate (4.27%)

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