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(영문) 서울중앙지방법원 2018.09.18 2018가단5088476
대여금
Text

1. The defendant shall pay to the plaintiff KRW 58,637,593 as well as KRW 33,257,081 among them, from August 1, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 12, 2003, the Plaintiff entered into a credit transaction agreement with the Defendant on the credit limit of 200,000,000 won under the terms and conditions to which the terms and conditions of bank credit transaction apply under the joint and several guarantee of Nonparty B, which was the Defendant’s representative director, and provided the Defendant with the trade financing.

Since then, the repayment date of the loan agreement of this case was extended until April 30, 2013.

B. According to the loan agreement of this case, when a debtor fails to pay his/her obligation on the date of expiry of the credit extension period, or when he/she loses the benefit pursuant to Article 7 of the Basic Terms and Conditions for Credit Transactions, he/she shall pay the balance of the loan from that time to the creditor an overdue interest rate or damages for delay determined by the creditor. The rate of damages for delay currently applicable to the loan of this case is 15

C. B, a joint and several surety of the instant loan agreement, filed an application for individual rehabilitation on September 3, 2013 with the Seoul Rehabilitation Court No. 2013 Congress 1668, and on April 15, 2015, the repayment plan was authorized, and the repayment plan was performed in accordance with the repayment plan.

As of July 31, 2018, the principal of the Defendant’s loan obligation as of July 31, 2018 is KRW 33,257,081, and the aggregate of overdue interest under the agreed overdue interest rate is KRW 25,380,512.

[Reasons for Recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the principal amounting to KRW 58,637,593 (=the overdue interest rate of KRW 25,380,51 up to July 31, 2018) and damages for delay calculated at the rate of 15% per annum, which is the overdue interest rate of KRW 33,257,081 (the Plaintiff is entitled to pay damages for delay from July 31, 2018) from August 1, 2018 (the Plaintiff is entitled to pay damages for delay up to July 31, 2018).

3. Conclusion.

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