(영문) 춘천지방법원원주지원 2019.08.22 2019가단53503

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(영문) 춘천지방법원원주지원 2019.08.22 2019가단53503

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 51,463,381 and KRW 44,524,043 from April 16, 2019 to the day of full payment.

Reasons

1. Date of loan of KRW 42,00,00,00 for general household funds loaned on November 12, 2013: The date of repayment on November 12, 2013: The rate: October 25, 2016: The annual interest rate of KRW 3.56% per annum: 48,435,258 won per annum;

A. The Defendant borrowed money from the Plaintiff under the following conditions, and the principal and interest in arrears as of April 16, 2019 are as follows:

The date of lending KRW 4,400,00 as a credit card loan (certificate) loan granted on January 31, 2017: January 31, 2017: The date of repayment: January 25, 2020: Interest rate of 13% per annum: 3,028,123 won per annum.

B. According to the terms and conditions of the Plaintiff’s credit transaction approved by the Defendant, if the Defendant did not repay the above loans received or did not pay the interest, the Defendant would lose the benefit of the time and make a lump sum repayment of the principal and interest. As to the application of the agreement and delayed interest rate, the Defendant would pay it by applying the changed interest rate as a result of changes in relevant statutes and financial circumstances

C. The Defendant lost the benefit of time due to the failure to pay interest on the agreed loan.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings

2. According to each of the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the sum of KRW 51,463,381, as well as the principal of KRW 44,524,043, whichever is outstanding, to the Plaintiff at the rate of 12% per annum from April 16, 2019 to the date of full payment.

Although the defendant asserts to the court that the plaintiff's claim is improper since the defendant is scheduled to apply for individual rehabilitation, it does not accept the above argument because the application for individual rehabilitation does not affect the judgment of the claim in this case.

3. citing the Plaintiff’s claim for conclusion

유사 판례

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