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(영문) 부산지방법원 2021.03.31 2020나48857
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant concluded a loan contract with the Plaintiff five times (hereinafter “the loan contract of this case”) and received the loan from the Plaintiff. The major contents of the loan contract of this case are as listed below (hereinafter “each of the loans of this case” in total, and each of the loans corresponding to the sequences Nos. 1, 2, 3, 4, and 5 shall be hereinafter “the respective loans”). The respective loans corresponding to the table below shall be 1, 2, 3, 4, and 5” on July 6, 2009: the interest rate of 0.39,00,000 on July 39, 2019; 12.95% on December 15, 2000; 12.95% on September 24, 2019; 200,000 on September 7, 2008; 200% on September 24, 2019; 19.

B. On January 21, 2019, the Defendant delayed the payment of each of the instant loans from the interest at which the payment date comes.

(c)

At the time of entering into the instant loan agreement, the Plaintiff and the Defendant agreed to apply the basic terms and conditions of the bank transaction. Article 7(2) of the said basic terms and conditions provides that “A debtor is obligated to pay interest, etc., as a matter of course, if the debtor delays for one month from the time when he/she is obligated to pay interest, etc., thereby

In such cases, the bank shall notify the debtor of the fact that the repayment of the obligation and all of the balance of the loan may be imposed by no later than seven business days prior to the date of loss of benefit of time.

“.......”

(d)

On January 31, 2019, the Plaintiff sent to the Defendant a document certifying that delay in the payment of interest on each of the instant loans constitutes grounds for loss of interest within the period set forth in the terms and conditions of credit transaction, and on February 21, 2019, the Plaintiff sent to the Defendant a document certifying that a delay in payment of interest on each of the instant loans constitutes grounds for loss of interest within the period set forth in the terms

E. As of August 6, 2019, the remainder of the instant loan agreement.

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