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(영문) 서울남부지방법원 2019.09.19 2019나50821
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

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:

(1) The interest rate (Annual interest rate) on the expiry date of the loan of the principal of the loan in separate loan section (annual interest rate) ① C 25,000,000 on June 19, 2014, 15% of the announced base rate of 5.18% (variable interest rate) on June 23, 2014 (annual interest rate) 200,000. ② 15% on August 3, 2012 (final interest rate) 13% (determined interest rate) on August 3, 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 the respective loan transaction agreements of this case. The amount of each loan principal and interest as of April 5, 2018 is as follows.

(1) The fact that there is no dispute over the total sum of the interest accrued prior to the incorporation of principal (original) and interest accrued (original) 15,254,692 1,378,014, 7506, 560 24,139, 26622625,933, 727,506 2,919, 690, 580, 536 total sum 21,18,0322, 05, 520, 105, 10,426, 250, 333, 719,802 [Grounds for recognition], each statement in subparagraphs 1 through 10, 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 33,719,802, and the outstanding principal and interest of KRW 21,188,032 as well as damages for delay calculated at the rate of 15% per annum from April 6, 2018 to the date of full payment under each of the loan transaction agreements in this case.

Although the defendant asserts that the plaintiff's request is unfair due to inconvenience and economic difficulties, it is above.

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