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(영문) 서울남부지방법원 2020.01.14 2019가단261699
대여금
Text

1. The defendant shall pay to the plaintiff KRW 73,230,473 as well as KRW 50,00,000 among them, from September 6, 2019 to the day of full payment.

Reasons

1. Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the defendant approved that the basic terms and conditions for credit transactions apply from the plaintiff on December 24, 2015, and determined the maturity on December 26, 2016, when receiving a loan of KRW 50 million (hereinafter "the instant loan"). The defendant delayed to repay the principal and interest of the loan under the above loan agreement, thereby incorporating the above loan loan into a special bond separately managed by the plaintiff on March 27, 2017. As of September 5, 2019, the defendant included the unpaid principal and interest rate of KRW 50 million, overdue interest rate of KRW 23,230,473, the basic terms and conditions for credit transactions incorporated into the instant loan agreement, and Article 3 (5) of the Bank's loan agreement provides that "the debtor shall pay damages for delay within the maximum of 15 days per annum due to changes in the amount of the loan within the maximum of 15 days per annum."

According to the above facts, the defendant is obligated to pay to the plaintiff the overdue interest calculated at the rate of 15% per annum from September 6, 2019, which is the day following the above base date to the day of complete payment with respect to the amount of KRW 73,230,473 (the amount of KRW 23,230,473 (the amount of overdue interest in KRW 50 million) and the amount of KRW 50,000,000 (the amount of overdue interest in KRW 50,000).

The defendant asserts that 15% of the above interest rate is unfair, but as long as the defendant approved that the basic terms and conditions for banking transactions are applied by the plaintiff and received the loan in this case, 15% of the interest rate under the above terms and conditions shall be determined.

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