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(영문) 부산지방법원동부지원 2019.02.20 2018가단212490
대여금
Text

1. The defendant shall pay to the plaintiff 5,879,385 won and 31,495,254 won among them to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 26, 2009, the Plaintiff entered into a credit transaction agreement with the Defendant to follow the credit transaction agreement with the Plaintiff within the maximum of 21% per annum (hereinafter “the credit transaction agreement of this case”) of the total passbook loans, the credit amount of 42,00,000 won, and the credit period expiration date of September 25, 2009, and the maximum of 21% per annum (hereinafter “the credit transaction agreement of this case”).

B. Since then, the Plaintiff and the Defendant changed the terms of the instant credit transaction agreement as follows.

The maximum amount of credit limit on the agreed date shall be KRW 34,00,000 on September 24, 2010 on September 24, 2010, September 23, 2011; KRW 33,500,000 on September 23, 2011; and KRW 31,500,000 on September 31, 2012, 200 on September 21, 2012;

The Defendant’s obligation of loans under the instant credit transaction agreement is 5,879,385 won in total, including 31,495,254 won in the loaned principal and 24,384,131 won in interest or delay damages as of February 6, 2018.

Meanwhile, the rate of damages for delay determined by the Plaintiff according to the instant credit transaction agreement is 15% per annum.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 5, 6, and 7, the purport of the whole pleadings

2. Determination:

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 7, 2018 to the date of full payment, as to KRW 55,879,385, which is the sum of principal and interest of loans under the credit transaction agreement of this case, and the principal of the loan of KRW 31,495,254, which is the following day of the above basic date, to the Plaintiff, unless there are special circumstances.

B. The Defendant asserts that the five-year extinctive prescription period has expired for a loan claim under the instant credit transaction agreement.

However, as seen earlier, it is recognized that the initial maturity date of the above loan claims was on September 25, 2009, but on the other hand, the above loan claims were extended four times, and the final maturity date was extended on March 21, 2013. As such, the above loan claims are as seen earlier. Therefore, the extinctive prescription of the above loan claims is final.

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