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(영문) 서울중앙지방법원 2016.11.28 2016가단55941
대여금
Text

1. As to KRW 44,843,724 and KRW 29,064,089 among the Plaintiff, the Defendant shall have 24% per annum from April 6, 2016 to the full payment.

Reasons

1. The following facts may be found in full view of the statements in Gap evidence 1 to 6 and the entire purport of the pleadings:

On May 18, 2012, the Plaintiff entered into an installment financing contract with the Defendant and A42.0 TPP, providing for KRW 31,220,00 for installment financing capital, KRW 36 months for installment payment, KRW 1,05,989 for monthly installments, KRW 24% per annum for delay payment.

(hereinafter referred to as “instant installment financing contract”) B.

Article 8 of the Terms and Conditions of installment financing contained in the instant installment financing contract provides the following provisions:

Paragraph 1: Where the grounds under Article 8 of the Framework Terms and Conditions for Credit Transactions arise to the debtor, the debtor shall immediately repay all obligations to the financial company or the relevant obligations in accordance with the procedures set for each reason.

C. Article 8 of the “Basic Terms and Conditions for Credit Transactions” cited by Article 8 of the said Terms and Conditions for Credit Transactions provides the following provisions:

Paragraph 2: Where a debtor falls under any of the following cases with respect to the debtor, the debtor shall be obligated to pay him/her with the benefit of the deadline for the debt, as a matter of course, if he/she loses the benefit of the deadline:

In such cases, the financial company shall notify in writing the debtor and the joint guarantor of the fact that delay in the performance of the following obligations and loss of benefit resulting therefrom (if the debtor is a household, the fact that the late payment charge may be imposed on the whole balance of the loan) by no later than three business days (if the debtor is a household, seven business days) prior to the date on which he/she loses the benefit of the deadline, and if the debtor fails to notify it by no later than three business days prior to the date on which he/she loses the benefit of the deadline, the financial company shall lose the benefit of the deadline after three business days (seven business days in cases where the debtor is a household) from the date on

3: For installment financing transactions which have been subject to the Installment Transactions Act, installment payments shall be continued.

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