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(영문) 서울중앙지방법원 2015.01.23 2014가합3301
대여금 반환
Text

1. As to the Plaintiff, the Defendant: (a) 13,854,338 United Nations and 8,066,491 United Nations from February 7, 2014 to January 23, 2015.

Reasons

1. Facts of recognition;

A. The Defendant, a company aimed at credit business, etc., is attracting funds by entering into a high interest rate agreement with Japan.

The terms and conditions of the contract for the term of the lease on the date of lease between 1,50,00 UN on December 5, 2002 and 5 years or more (one year or more): 9.5% per annum (two years or more): at least 10.0% per annum (two years or more): at least 2 years or less than 3 years (three years or less): at least 10.5% per annum (two years or more): from 11.0% per annum to 4 years (four years) at least 11.5% per annum: 11.5% per annum (former five years or more): 11.5% per annum (former 1,980, 00 UN on February 14, 2003).

B. The Plaintiff, while lending money to the Defendant as indicated in the table below, agreed to set the lending period at least five years, set the interest rate on the principal, set aside an increase in the interest rate according to the deposit period of the principal, and agreed to receive the principal and interest when the said lending contract is terminated.

(hereinafter referred to as “each of the instant lending contracts,” and “the instant lending contracts according to the sequences set forth below,” C.

On May 21, 2013, the Plaintiff expressed to the Defendant the intent to terminate the instant loan agreement on June 5, 2013, and on June 28, 2013, the Plaintiff issued the notice of termination to the Defendant around each time.

Meanwhile, according to each of the instant lending contracts, where the Plaintiff terminates the lending contract, the Defendant shall pay the principal of the loan and the interest accrued from the date of termination one month after receipt of the notice of termination.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, purport of the whole pleadings

2. This case is related to the lending of money between the plaintiff who is a Japanese citizen and the defendant established under the laws of the Republic of Korea, and has foreign elements, and the governing law should be determined under the Private International Act.

Article 25 of the Private International Act provides that the governing law of the contract may be determined explicitly or implicitly by the parties.

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