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(영문) 서울남부지방법원 2014.08.22 2014가단216328
대여금
Text

1. The defendant shall pay to the plaintiff KRW 89,483,763 and KRW 83,536,289 among them, from March 4, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 21, 2009, the Plaintiff entered into a monetary loan agreement with the Defendant as follows, and on August 10, 2009, loaned KRW 86 million to the Defendant (hereinafter “instant loan”).

(1) Loan amount: 86 million won. (2) The agreed interest rate is written on the change rate: 5% per year; 6% per year; 5% per year; and 8% of the agreed interest rate; and the meaning and method of calculating the agreed interest rate.

(3) The rate of interest on delay: 22% per annum. (4) The period of loan and method of repayment: 17 years after a three-year grace period: 5) Other terms of contract: Where the amount to be repaid, such as monthly repayment and installment, is not repaid on the date on which repayment such as the agreed repayment date, I will promptly pay the overdue interest rate determined by the first terms of loan in addition to the overdue monthly repayment and installment.

(Article 4 of the Agreement. In the case of equal installment repayment of principal and interest, I will pay the principal and interest calculated according to the agreed interest rate on the given day of each month.

(Article 6). (b) of the contract.

According to Article 8(2)2 of the General Terms and Conditions for Credit Transactions applicable to the instant loan, when a debtor delays the payment of the principal and interest for installment payments or installment payments on at least two consecutive occasions, the debtor shall be naturally disqualified from the benefit of time.

C. The Defendant continued to pay the principal and interest under the instant loan agreement from September 25, 2013 and lost the benefit of time by delaying the payment of the principal and interest.

The principal and interest of the instant loan obligations incurred until March 3, 2014 pursuant to the terms and conditions agreed upon at the time of the instant loan is KRW 83,536,289, interest 1,107,435, and delay damages KRW 4,840,039.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, Gap 8-1 to 17 evidence, the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of recognition, there are no special circumstances.

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