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(영문) 부산지방법원동부지원 2019.05.01 2018가단204642
대여금
Text

1. The defendant shall pay to the plaintiff KRW 40,774,359 and KRW 33,742,343 among them, per annum from January 12, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 11, 2017, the Plaintiff received an application for a loan from the Defendant by telephone and provided information on the standard credit loans for apartment residence.

B. On the same day, the Plaintiff confirmed the fact that the apartment house of the Defendant residing in the name of the Defendant is registered in the name of the Defendant’s spouse, through the perusal of the copy of the register of the apartment house residing in the Defendant and the verification process of the certified copy of the resident registration card sent by facsimile, and concluded a loan contract (hereinafter “the loan contract of this case”) with the Defendant to which the basic credit transaction contract of this case would be applied to the loan contract of this case, and KRW 40 million from January 15, 2018 to December 15, 2018 and KRW 14.4% per annum, interest rate of loan, interest rate of delay rate of 14.4% per annum, and interest rate of 26.4% per annum (Provided, That interest rate of loan and interest rate of delay discount rate of 0.5% per annum from the basic interest rate of 3 months to 1.5% per annum, and transferred KRW 40 million to the account of the Defendant’s E bank in the name of the Defendant.

C. According to Article 8(2) of the Credit Terms and Conditions applicable to the instant loan agreement, when the Defendant delays the payment of the principal and interest repaid in installments on more than two consecutive occasions (Article 8(2) of the said loan agreement, the Plaintiff shall lose the benefit of the time limit for the pertinent loan. In this case, the Plaintiff shall notify in writing the Defendant of the fact of delay of payment of the debt and the fact that the benefit arising therefrom is lost (the fact that payment penalty can be imposed on all the loan balance) not later than seven business days prior to the date of loss of the time limit, and the Defendant shall be obliged to pay the debt immediately after the lapse of seven business days from the date of actual receipt of the notice.

The Plaintiff received payment from the Defendant on March 12, 2018, KRW 6,257,657, interest 1,003,50, and delay damages KRW 192,561, and KRW 72,438.

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