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(영문) 창원지방법원 2010.12.23 2010가단15335
대여금
Text

1. The defendant shall pay 178,83,257 won to the plaintiff and 22% per annum from May 27, 2010 to the day of complete payment.

Reasons

1. The Plaintiff entered into an agreement with the Defendant on September 21, 2007 on the date of loan commencement; on October 2, 2012, the date when loan expires; on October 2, 2012, on the basis of interest rates under Article 3(2)2 of the General Terms and Conditions for Credit Cooperatives Credit Union Credit Union Credit Transaction, and on the following month, on the condition that when the Plaintiff lost its interest due to delayed payment for one month, it shall pay 22% of the interest, thereby making a loan of KRW 410,00,000 (hereinafter “the instant loan agreement”); the Defendant, on March 14, 2009, paid interest pursuant to the instant loan agreement and lost its entire interest payment on May 14, 2009; on March 14, 2009; or on March 14, 2009, the Plaintiff’s annual interest rate prescribed in the instant loan agreement was determined as follows; or on March 16, 2008, the Plaintiff’s entire real estate auction agreement was held by the Plaintiff 30.

2. Determination as to the cause of action

A. According to the above facts, KRW 330,060,90, which the Plaintiff received reimbursement on May 26, 2010, is obligated to pay 5,481,64 won ( KRW 410,00,000 x 8% x 61/365 days x less than KRW 61,365, and less than KRW 93,412,603 won ( KRW 410,000 x 2228% x 365 days) under the loan agreement of this case and to May 13, 209, the Defendant is obligated to pay the remainder to the Plaintiff at the rate of KRW 231,48,439,4639,4639,475 - 265,47,405, and 207,705, - 367,475,205, -47,2010.

B. As to this, the defendant's loan agreement of this case where the defendant is the debtor is actually the debtor.

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