logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.04.22 2019가단138273
대여금
Text

1. The Defendant’s annual interest in KRW 101,95,587 and KRW 101,818,982, among the Plaintiff, from August 14, 2019 to September 3, 2019.

Reasons

1. Basic facts

A. On April 3, 2018, the Plaintiff lent KRW 100 million to the Defendant under the following conditions:

(hereinafter referred to as “instant loan”). - Loan department: General start-up enterprise support funds - Interest rate of KRW 100 million: 2.35% per annum; 6% per annum (from January 1, 2019) - Principal repayment: Repayment method in equal installments on the date of repayment in accordance with the repayment date table for two years: The repayment date for three years: The payment date for each month in accordance with the repayment date table; - When the repayment date is not performed on the date of each month; when the payment is not made on the expiration date of each month; when the payment is lost pursuant to Article 6 of the basic loan terms and conditions; 6(1) of the loan terms and conditions, the balance of the loan must be paid immediately after the expiration date of each month; if the debtor falls under any of the following causes with respect to the debtor, there is no demand and notice from the debtor, and thereby, the debtor is bound to pay or perform his/her obligation as soon as he/she has lost the interest

1. Where, even though a part of an obligation against the progress of progress has been fulfilled, the time limit is not met;

2. Not more than the omission;

B. However, the Defendant delayed the payment of interest and lost the benefit of August 5, 2019, and the total amount of debts incurred until August 13, 2019 are as follows. The amount forming the basis for compensation for delay is the principal KRW 100 million, interest 1,371,367, substitute payment 447,615, and the Plaintiff paid for the preservation of claims, such as provisional seizure. According to Article 3 of the Terms and Conditions of Loans, the Defendant bears the expenses incurred in preserving, exercising, preserving, collecting, or disposing of claims against the obligor, or in collecting or disposing of the collateral, and the obligor pays damages for delay by adding them to the damages for delay from the date following the date on which the obligor made the substitute payment until the date on which the actual payment was made.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the defendant shall be the plaintiff.

arrow