(영문) 창원지방법원 2016.01.12 2014나13567

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(영문) 창원지방법원 2016.01.12 2014나13567

대여금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 1, 2014, the Plaintiff (limited to the Plaintiff) entered into a credit transaction agreement on September 3, 2010 with a view to 50,000,000 won (limited to the credit limit) with A, the due date for payment, plus 4.94% of the base interest rate according to the 12-month change cycle, and the compensation rate for delay at the rate of 15% per annum to 21% per annum, and entered into a credit transaction agreement with the content that the interest rate shall be calculated by adding the additional interest rate to the agreed interest rate per annum from 15% per annum to 21% per annum, and the loan was made under the said agreement.

B. On March 5, 2012, the Defendant entered into a contract for collateral guarantee with the Plaintiff within the limit of KRW 60,000,000 for all obligations owed by A to the Plaintiff at present and in the future.

The rate of interest calculated by adding 8.11% to the standard interest rate of June 3, 2012 according to the change cycle of June 3, 2012, the rate of 50,000,000 on March 5, 2012, plus 8.11% to the standard interest rate of 50,000,000,000 on June 3, 2012; the rate of 8.11% under the change cycle of September 3, 2012; the rate of 38,00,000,000,000, added 9.98% to the standard interest rate of 12 months under the change cycle of January 3, 2013; the rate of 30,000,000 calculated by adding 9.98% to the base interest rate of 13.3 months under the change cycle of 12 months; the rate of 30% under the change cycle of 2013 months;

C. After that, the Plaintiff, A, and the Defendant concluded an additional arrangement to change the repayment period, interest rate, etc. of the above loan as follows.

As of May 6, 2014, the principal and interest of outstanding loans are KRW 37,282,695, and among them, the principal and interest of outstanding loans are KRW 32,00,000, and the agreed delay damages rate is KRW 17% per annum from December 30, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, A shall be the Plaintiff, and A shall be the same.

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