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(영문) 수원지방법원 2016.04.21 2015나21025
부당이득금반환 및 손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. Basic facts

A. On September 12, 2007, the Plaintiff entered into a loan agreement with the Defendant on the loan amount of KRW 14,00,000, interest rate of KRW 16.9% per annum, 36 months during the loan period, 20 days per month in installments of principal and interest, handling fees of KRW 700,000 per annum (three installments) and overdue interest rate of KRW 28.9% per annum as follows (hereinafter “instant agreement”).

Article 3 (Calculation Method of Early Payment Date and Interest/Compensation for Delay) (2) If the debtor fails to pay the amount to be paid to the company, such as monthly payment and installment commission, on the date of repayment each month, he/she shall pay in addition to the overdue interest rate determined under the first terms and conditions of the loan in addition to the overdue monthly payment and installment commission.

Provided, That the calculation of interest and damages for delay shall be deemed one year and 365 days, and shall be calculated on a daily basis.

Article 6 (Repayment before the expiration of Term of Loans) (1) Debtors may repay all or part of the remaining loans during the term of loan, and in this case, they shall pay to the Company all or part of the amount of arrears (or as of the date of redemption) at the time of redemption before the maturity, damages for delay, monthly payment, and the principal of the loan in the future.

(2) In the case of paragraphs (1) and (3), the debtor shall pay the company the redemption fees separately according to the following standards:

Within six months - Principal of the loan (repaid) in the future x more than 3% - principal of the loan (repaid) in the future x 2% x debtor's loan and the amount of repayment are insufficient to cover the total amount of the loan, will be appropriated in the order of all expenses, fees, overdue damages, interest and principal.

B. Under the instant contract, the Plaintiff repaid the principal and interest to the Defendant at the 20th day of each month or after the above date, and the instant contract was terminated in the middle of April 28, 2008.

C. As above, the defendant shall pay 253,666 won out of the amount repaid by the plaintiff on October 31, 2007.

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