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(영문) 서울중앙지방법원 2014.08.27 2014가합18389
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, on September 29, 2008, interest on the agreed date, interest on the due date of payment for delay, and KRW 7% per annum on September 30, 2009, KRW 19% per annum on September 30, 2008, KRW 200 million on October 1, 2008, KRW 40 million on November 6, 2008, KRW 200 million on November 5, 2009, KRW 200 million on November 5, 2008, the Plaintiff lent the sum of KRW 1.2 billion to the Defendant on November 13, 2009, as follows:

Since then, the plaintiff and the defendant agreed that the repayment period under the above loan should be extended to three years from the date of loan.

On April 30, 2012, the Defendant paid KRW 200 million to the Plaintiff KRW 99,380,826 of the leased principal and interest interest in arrears.

(Purpose) (Purpose) On September 2, 2013, the creditor (Plaintiff) lent KRW 1 billion to the debtor (defendant) and borrowed it.

Article 2 (Methods of Deadline for Payment) The principal shall be repaid in installments each of the amounts of KRW 50 million on September 30, 2013 and KRW 530 million on September 30, 2014.

Article 5 (Compensation for Delay) If the obligor delays the repayment of the principal or interest, the obligor shall pay the obligee damages for delay at the rate of 19% per annum for the principal from the date of delay.

Article 6 (Loss of Benefit of Time) If an obligor falls under any of the following subparagraphs, the obligor shall, as a matter of course, lose the benefit of time for the obligation of the borrowed money, and shall immediately repay all of the remainder of the obligation, even if no other notification or peremptory notice is given

3. Even once, when the debtor delays the payment of the installment, if the debtor and the joint and several sureties fail to perform the monetary obligation under this contract, recognition of the absence of objection against the compulsory execution without delay.

On September 2, 2013, the Plaintiff drawn up a notarial deed of a monetary loan agreement with the Defendant and a notary public, as set forth in No. 305, 2013, as follows.

On September 30, 2013, the Defendant repaid KRW 500 million to the Plaintiff according to the agreement of the said notarial deed.

【Ground of Recognition】 without any dispute, Gap Nos. 1 and 2-1 to 4, and Gap.

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