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(영문) 수원지방법원 2017.10.17 2017가단502411
대여금
Text

1. The Defendant’s KRW 27,335,100 and KRW 13,945,357 among the Plaintiff shall be 24% per annum from September 6, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 16, 2013, the Defendant borrowed 25 million won from the Plaintiff at the interest rate of 5.9% per annum and at the interest rate of 24% per annum.

(hereinafter “instant one loan”). The Defendant began to delay the payment of the principal and interest of loan on December 20, 2016 and reached nine times as of August 21, 2017.

B. On October 21, 2015, the Defendant borrowed KRW 13,200,00 from the Plaintiff at the interest rate of 15.9% per annum, at the interest rate of 30 days per annum, at the interest rate of 20.9% per annum, at the interest rate of 30 days per annum, at the interest rate of 20.9%, at the rate of 90 days per day, at the rate of 21.

(hereinafter “instant two loans”). The Defendant began to delay the payment of the principal and interest of loans on September 20, 2016 and came to 12 times as of August 21, 2017.

C. Under the credit transaction basic terms and conditions applicable to each of the above lending transactions between the Plaintiff and the Defendant, with respect to the loss of the benefit of time, the following are determined:

Article 8 (Obligation to Pay Obligations before Due Date) (2) Where a debtor falls under any of the following cases with respect to the debtor, the debtor shall naturally lose the benefit of the due date of the relevant obligation and shall pay him/her with the obligation to pay it:

In such cases, the financial company shall notify the debtor and the joint guarantor of the fact that the delay in the performance of the following obligations and the loss of the benefit arising therefrom will be caused by no later than three business days prior to the date of loss of the benefit of time, and if the financial company fails to notify three business days prior to the date of loss of the benefit of time, it shall lose the benefit of time within three business days after the date of actual notification and the debtor shall be obliged

2. If the payment of principal and interest on the installment repayment or installment repayment has been delayed on two consecutive occasions or more;

3. In cases of installment financing transactions governed by the Act on Installment Transactions, when the installment payments have not been made on two consecutive occasions and the amount of such installment payments meets the requirements of more than 1/10 of the amount of installment payments; and

D. The Plaintiff on August 2016 to the Defendant.

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