(영문) 서울중앙지방법원 2018.11.15 2018가단5038082

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(영문) 서울중앙지방법원 2018.11.15 2018가단5038082

청구이의

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1. The defendant's payment order against the plaintiff was issued by the Seoul Central District Court 2010 tea 86953.

Reasons

1. Basic facts

A. On May 7, 2002, the Plaintiff entered into a monetary loan agreement with C Co., Ltd. with a loan limit of KRW 5,000,000 per annum, interest rate of KRW 98.55% per annum, interest rate of KRW 127.75% per annum, interest payment rate of KRW 25% per month, and period of May 7, 2007 (hereinafter “instant loan agreement”) and received a loan of KRW 3,00,000 per day.

B. The loan contract of this case provides that a debtor may obtain a loan repeatedly within the scope of the available limit (Article 2). The effective period shall be five years from the date of conclusion of the contract, and the balance of the debt incurred on the expiration date of the contract shall be paid in full on the day of the contract (Article 5). The interest shall be calculated on the date after the lapse of the contract, and the period from the date following the loan to the date on which the repayment is made (Article 6), and the debtor shall be the period from the date following the loan to the date on which the repayment is made (Article 6), and the debtor shall be entitled to claim the repayment immediately, in the event that the repayment equivalent to the contract (the date of repayment

Article 8 (Loss of Benefit of Time) Where an obligor and a joint guarantor fall under any of the following subparagraphs, C Co., Ltd. shall lose the benefit of time, and C Co., Ltd may request the obligor or the joint guarantor to pay the principal and interest of loan immediately. ① Agreement (in cases of compulsory execution, provisional disposition, provisional seizure, etc. where the repayment equivalent to the repayment amount has not been made at least once, even if the repayment has not been made. ② Where the address of the obligor and the joint guarantor has become unclear as C has not been reported under Article 7 (1). ④ Where there is any false change in the debtor’s credit status, such as retirement, leave of absence, check book, etc.

C. On May 27, 2002, the Plaintiff amounting to C Co., Ltd. KRW 500,000.

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