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(영문) 대전지방법원 2018.07.04 2017가단18092
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 65,816,91 and KRW 64,58,695, whichever is applicable, from June 27, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff entered into each loan transaction agreement with the Defendant (hereinafter “each of the instant loan transaction agreements”) as follows:

The principal of the loan in separate loan (the interest rate per annum) interest rate (the expiry date of the loan of the original loan) ① 30,000,000 credit loan of KB Benefit Transfer 30,000,000 on February 14, 2008, 15% 15% on May 16, 2017.

B. Meanwhile, while entering into each of the above loan transaction agreements, the Defendant approved that the basic terms and conditions of the Plaintiff’s bank loan transaction apply to each of the above agreements. Article 7(2)2 of the above terms and conditions provide that where the Defendant delays payment of the principal and interest on installment payments or installment payments on at least two consecutive occasions, the Defendant is obligated to pay the principal and interest on installment payments, as a matter of course, by losing the benefit of the time limit for the obligation.

C. The Defendant delayed the payment of the principal and interest of each loan even after the expiration date of the loan stipulated in each of the instant loan transaction agreements, and the amount of each loan as of June 26, 2017 is as follows.

The sum of the principal and interest of the divided principal and interest of ① 27,600,00 572,685 28,172,6852,685 18,52,789,708 472,126 19,061,061,8333 18,398,987 183,485,582,472 64,588,695 1,228,296,816,991 / [based on recognition] the absence of dispute; Gap’s statements in subparagraphs 1 through 9 (including each number), and the purport of the entire pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal and interest of the outstanding loan amounting to KRW 65,816,91, and the outstanding principal and interest of KRW 64,58,695, as well as damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate for delay from June 27, 2017 to the date of full payment under each of the loan transaction agreements in this case.

3. The defendant's assertion is judged.

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