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(영문) 서울중앙지방법원 2016.06.10 2016가단5004061
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 46,462,665 and KRW 35,59,753 from December 15, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. On July 12, 2012, the Plaintiff entered into a loan transaction agreement with the Defendant on a loan transaction agreement with the content that the subject of the loan shall be Ssch Rexroth, the amount of the loan shall be KRW 44,00,000, the repayment date shall be July 11, 2017; the interest rate of KRW 14% per annum for three months CDs; and the overdue interest rate of KRW 10,000 shall be at least 90 per annum 21% per annum; and on the same day, the Plaintiff paid KRW 44,00,000 to the Defendant.

2) Article 7(2) of the General Terms and Conditions for Credit Transactions, which the Defendant approved as applicable, stipulates that, as a matter of course, when an obligor delays the payment of the principal and interest on installment payments or installment payments on at least two consecutive occasions, the obligor is obligated to pay the principal and interest on such installment payments, as a matter of course. However, on December 11, 2013 and January 11, 2014, the Defendant lost the payment of the principal and interest on installment payments, thereby undermining the payment of the principal and interest on the said loan. 3) The Plaintiff was paid 8,400,247 out of the principal and interest on the said loan from the Defendant, and the Plaintiff did not receive 35,59,753 won from November 12, 2013 to December 14, 2015, the Plaintiff did not receive 10,723,562 won in total,43,315 won in total, and delay damages from 15,2015.

4) Article 4(1) of the General Terms and Conditions for Credit Transactions (hereinafter referred to as the “General Terms and Conditions for Credit Transactions”) provides that “The debtor shall, in accordance with his/her default, bear the expenses for the exercise or preservation (including the termination thereof) of the bank’s claims or security rights against the debtor, the guarantor, or the person who has pledged his/her property to secure another’s obligation.” However, the Plaintiff paid the amount of KRW 139,350 (the amount obtained by subtracting the amount repaid out of KRW 142,60, 142,60) as a provisional seizure against the defendant. [The facts without any grounds for recognition, and evidence No. 1 to No. 4

B. According to the above facts of determination, the defendant's loan balance 35,59,753 won, interest 10,723,562 won, incidental expenses 139,350 won, total 46,462,65 won, and the balance of the loan among the above amounts.

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