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(영문) 서울중앙지방법원 2015.06.25 2014가합596162
이자 등 반환청구
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 29, 2012, the Plaintiff entered into a loan agreement with the Defendants and the Komato2 Savings Bank Co., Ltd. (hereinafter “tomato2 Savings Bank”) on the loan principal of KRW 24,000,000,000 per annum, interest rate of KRW 8% per annum, and maturity of payment on May 30, 2013 (12 months from the date the loan was conducted) (hereinafter “instant loan agreement,” and the relevant loan was referred to as “instant loan”).

The main contents of the instant loan agreement are as follows.

The term "loan interest rate" as defined in Article 1 (1) means the rate of 8% per annum.

The term "loan maturity" means the 12-month date from the date of loan execution.

The term "loan Implementation Date" means May 30, 2012 or the date on which the borrower and the lender have agreed separately.

The term "loan agreement amount" means the amount agreed by the lender to be loaned to the borrower under a loan agreement, which is KRW 24 million (24 million).

The term "priority creditor" or "Preferential Beneficiary" means a stock company savings bank, private savings bank, Samsung Savings Bank, Samsung Mutual Savings Bank, New Savings Bank, New Savings Bank, Komamatotob Savings Bank, Stock Companies, and Fair Savings Bank, or a transferee of such loan loan, instead of a stock company, a stock company, a stock company, a private savings bank, a stock company, a new stock company, a new savings bank, a stock company, a stock company, a stock company, a stock company,

Article 4 Interest Paragraph (1) Interest Payment

(a) With respect to the principal of a loan, the borrower shall pay the borrower in advance to each lender the interest rate for the period during which the loan interest is interest rate for each interest period;

Provided, That the borrower shall pay interest for five months from the date of loan execution to the senior borrower, or deposit the equivalent amount in the head of the Tong in the name of the borrower established at the point of priority.

The borrower of the charge of section 7(1) shall be charged with the prior loan charge in relation to the execution of the prior loan under this contract on the date when the loan is executed, the prior loan agreement amounting to KRW 240,000 (240,000).

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