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(영문) 부산지방법원 2019.12.11 2019가합1414
대여금
Text

1. The defendant shall pay to the plaintiff 436,245,280 won and 430,000,006 won among them to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 8, 2017, the Plaintiff entered into a credit transaction agreement with the Defendant as listed below, and loaned KRW 500,000,000 to the Defendant.

(1) The term “each of the instant loans” is collectively referred to as “each of the instant agreements,” and where the said transaction agreements are individually specified, the following order may be specified). The credit (limit) amount shall be KRW 1300,000,000 at the rate of delay damages on September 8, 2017 at the rate of 20.5% per annum 200,000,000 won at the highest rate of 8.5% per annum 20.5% per annum on September 8, 2018.

As to each of the instant loans, the Defendant asserted that the Plaintiff paid only interest accrued until March 7, 2017 with respect to each of the instant loans until March 7, 2019. However, this appears to be a clerical error as of March 7, 2019.

The plaintiff lost the benefit of time under Article 7 of the basic terms and conditions of credit transaction by paying only interest.

C. As of May 8, 2019, the principal and interest of each of the instant loans to the Defendant as of 294,206,910 won (i.e., principal amounting to KRW 290,000,000) in the case of loans No. 1 (i.e., interest on principal amounting to KRW 4,206,910) and 142,038,370 in the case of loans No. 2 (i.e., interest on principal amounting to KRW 140,00,000,006), and the interest rate on delay in the contract is 11.5% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 11.5% per annum, which is the principal and interest of each of the instant loans from May 9, 2019 to the date of full payment (=294,206,910 won as the principal and interest of loans 142,038,370 won as the principal and interest of loans 294,206,910 won as the principal and interest of each of the instant loans) and 430,000,006 won as the principal and interest (i.e., the principal and interest of loans 290,000,000 won as the principal and interest of loans 1).

B. As to the Defendant’s assertion, the Defendant secured the obligation to borrow loans from each of the instant loans.

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