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(영문) 제주지방법원 2018.05.29 2018가단694
대여금 등
Text

1. The defendant shall be the plaintiff.

(a) 4,423,405 won and 29,99,770 won among them shall be fully repaid from December 12, 2017.

Reasons

1. Basic facts

A. Under each loan contract, the Defendant is a loan contract with the Plaintiff, with the amount of KRW 10 million as of September 12, 2012, KRW 10 million as of September 12, 2012, KRW 12,000 as of September 12, 2014 as of the expiration date of the loan period, KRW 4.43% as of the fixed interest rate of KRW 4.43% as of 17% per annum as of the interest rate, delay damages rate (hereinafter

(2) A loan contract (hereinafter referred to as “second loan contract”) was concluded on September 12, 2012; (2) KRW 20 million of the loan amount; (3) September 12, 2014 of the expiration date of the loan period; (4) interest rate MOR base interest rate + fixed interest rate of 3.9%; and (4) interest rate of 3.9% per annum 17% per annum.

(2) The Plaintiff concluded a loan under each of the above loan agreements. The Defendant lost the benefit of time by delaying the payment of the principal and interest of the loans Nos. 1 and 2, and as of December 11, 2017, the Defendant’s debt under the Defendant’s No. 1 and 2 loan agreements plus the principal and interest of KRW 44,423,405 (= principal and interest of KRW 29,99,70 + interest and delay damages + KRW 14,423,635).

B. A debt 1) A Co., Ltd. (hereinafter “Nonindicted Company”) under the Credit Card Use Contract

(2) On September 28, 2012, the Plaintiff entered into a credit card use contract with the Plaintiff and used it with the credit card issued by the Plaintiff. On September 28, 2012, the Defendant, the representative of the non-party company, guaranteed the Defendant’s obligations under the credit card use contract with the Plaintiff up to KRW 18,00,000. (2) On April 29, 2014, the non-party company lost its profits by delaying payment of the credit card use fee from April 29, 2014. As of December 11, 2017, the principal and interest on the debt under the credit card use contract by the non-party company as of December 11, 2017 is KRW 3,229,402 (the principal and interest + interest and delay damages + KRW 1,426,394) and the credit card holder’s rate under the Plaintiff’s terms and conditions and credit card business regulations is 21.9% per annum.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant contracts with the first and second loans to the plaintiff.

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