logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2020.12.22 2020가단3183
대여금
Text

1. The Defendant’s KRW 612,984,341 among the Plaintiff and KRW 576,50,000 among the Plaintiff, shall be from March 17, 2020 to April 17, 2020.

Reasons

1. Facts of recognition;

A. On November 22, 2017, the Defendant received a loan (hereinafter “the instant loan”) from the Plaintiff on November 22, 2017 by setting the loan amount of KRW 668,00,000, the due date of maturity on November 22, 2020, the interest rate of KRW 2.89% of the changed interest rate (mutual MOR interest rate) [2.89% of the changed interest rate], and the overdue interest rate of KRW 19% per annum, respectively (hereinafter “instant loan”).

B. By May 26, 2019, the Defendant paid the principal of the instant loan amounting to KRW 91,500,000 and interest accrued therefrom, but did not pay interest from the following day.

C. As of March 16, 2020, the remainder of the Defendant’s loan of this case against the Plaintiff is KRW 576,50,00,00 for principal, KRW 4,180,493 for attempted interest, overdue interest KRW 30,331,335 for overdue interest, KRW 612,984,341 for the total of KRW 1,972,513 for early redemption, and overdue interest for the principal agreed during the period from March 17, 2020 to April 17, 2020 for the overdue interest rate is KRW 7.65% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 7.65% per annum from March 17, 2020, which is the day following the date of calculating the remaining obligation with respect to the obligation of the instant loan of KRW 612,984,341, and the principal of KRW 576,50,000 among them, to the Defendant from March 17, 2020 to April 17, 2020, which is the day after the original copy of the instant payment order was served on the Defendant.

B. The Defendant’s assertion 1) The Defendant asserted from August 5, 2017 to November 23, 2018 (hereinafter “D”).

D was loaned KRW 668,00,000 as security for multi-household housing in the case of Pakistan.

Since then, when the plaintiff extended the loan period of D, the plaintiff demanded the defendant to make an individual loan agreement with respect to the above D's loan agreement, and the defendant shall comply with this.

arrow