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(영문) 창원지방법원마산지원 2017.12.06 2017가합339
대여금
Text

1. The defendant shall be the plaintiff.

(a) KRW 15,887,092 and KRW 7,636,972 among them shall be from May 26, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into each credit transaction agreement with the Defendant (hereinafter “each credit transaction agreement of this case”) on two occasions as set out below [Attachment 1], and leased KRW 2,100,000,000 in total as stated in [Attachment 1] as of the date indicated below [Attachment 1] on the date indicated below [Attachment 1].

[Attachment 1] The first credit transaction agreement of August 13, 2010 on August 13, 2010, the first credit transaction agreement of August 13, 2010 on August 22, 2015, the second credit transaction agreement of August 22, 2010 on March 15, 2015; 2,100,000,0000,000

B. According to each credit transaction agreement in this case, the agreement rate for each of the above transactions is subject to the fluctuation rate according to the basic terms and conditions for bank credit transactions, and the rate of delay compensation is subject to the differential rate by the period for which the agreement is applied within the range of 15-21% per annum, but when the agreement is incorporated into a special bond, the delay compensation amount is paid at the rate of 15% per annum from the date of incorporation.

C. In addition, according to each credit transaction agreement of this case, if the interest on the loan is not paid on the pertinent date, the overdue charge was paid, and if the obligation is not paid on the due date or the due date is lost, the interest on the loan was determined to pay the balance of the principal and interest on the loan at that time.

In addition, when the payment of interest, etc. has been delayed for 14 consecutive days from the time when the interest, etc. was due, when the payment of the principal and interest on installment or installment repayment has been delayed on more than two consecutive occasions, and when one of several obligations against the plaintiff fails to pay within the due date, the benefit of the due date shall be lost and the remaining obligation shall be immediately repaid.

However, the defendant did not pay the principal and interest of the loan to the plaintiff, and on December 18, 2012, the claim for the principal and interest of the loan was incorporated into the plaintiff's special bond, and on May 25, 2017, the same amount as the following [Attachment 2] remains unpaid.

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