logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.02.05 2014나5770
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 4, 2002, the former Savings Bank (formerly: Korea Mutual Savings Bank; hereinafter “former Savings Bank”) established and lent KRW 3,000,000 to the Defendant on June 1, 2004, interest rate of 60% per annum, and interest rate of 80% per annum, respectively.

B. On June 2, 2004, when the maturity date of the above loan claim arrives, the Jeonju Savings Bank extended the loan by means of concluding a new comprehensive passbook loan agreement with the maturity date of June 1, 2005, the interest rate of 6% per annum, and the interest rate of 18% per annum as of June 1, 2005, and the interest rate of 3,000,000 won by the same method as of May 30, 2005, and set the interest rate of 5% per annum and 12% per annum.

C. Meanwhile, the former Savings Bank agreed with the Defendant to be subject to the instant credit transaction basic terms and conditions (hereinafter “instant credit transaction basic terms and conditions”) regarding the instant loan, and the contents are as follows.

Article 7 (Obligation to Discharge Obligations before Due Date) (2) In any of the following cases, with respect to a debtor, the debtor is naturally liable to discharge (or perform) the obligation by loss of the benefit of the time limit for such obligation.

However, the credit cooperative shall notify the obligor of the fact that the delay in the performance of the following obligations and the loss of the benefit arising therefrom will be caused not later than three business days prior to the date of loss of the benefit due, and if the obligor fails to notify by not later than three business days prior to the date of loss of the benefit due, the obligor shall be obliged to pay (or) the benefit due after the lapse of three business days from the date of actual notification:

1. When interest, etc. is paid continuously for one month from the time such payment is made;

2. Where the payment of principal and interest on installment payments or installment payments has been delayed on at least two consecutive occasions;

D. The defendant is respectively entitled to KRW 57,00 on March 10, 200, and KRW 38,000 on May 17, 2006.

arrow