(영문) 광주지방법원 2018.08.24 2018가단502943

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(영문) 광주지방법원 2018.08.24 2018가단502943

대여금

Text

1. The defendant shall calculate the amount of KRW 50,245,303 as well as the rate of KRW 25.9% per annum from September 9, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. In implementing a secondhand loan to the Defendant, the Plaintiff agreed to lend the loan to the Defendant with the following content:

1) The agreed rate of 30,565,755 won (based on November 21, 2017) on the loan (based on the repayment date) 13.9% per annum (based on the rate of delay) on December 31, 2014 (based on January 8, 2019) loan (based on the amount of KRW 73,000,000) loan (based on the amount of principal) 30,565,755 won (based on the rate of delay).

B. In addition, the Plaintiff made an additional loan to the Defendant with the following content as well as the above loan:

1) The agreed rate of 19,679,548 won (based on November 21, 2017) on the loan (based on the repayment date) interest rate of 13.9% per annum (based on the rate of delay) on December 31, 2014 (based on January 8, 2019) (based on the repayment date) loan amount of 47,000,000 won 3) loan balance of 19,679,548 won (based on the rate of delay).

C. From September 8, 2017, the Defendant had been in arrears at least twice as of November 21, 2017 with respect to the said two cases, and the Plaintiff lost the benefit of time on the ground that the payment of the principal and interest on installment payments or installment payments was delayed two consecutive times or more pursuant to Article 8(2)2 of the Framework Act on Credit Transactions.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. According to the above facts of recognition, each of the Defendant’s obligations to the Plaintiff against the Plaintiff ought to be deemed to have lost the benefit of time. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay at 25.9% per annum from September 9, 2017 to the date of full payment, which is the day following the first date of delinquency, as the Plaintiff seeks.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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