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(영문) 창원지방법원 2015.11.12 2015가합34109
대여금
Text

1. The Defendant’s KRW 37,146,026 as well as the Plaintiff’s annual rate of 5% from May 1, 2015 to November 12, 2015, and the following.

Reasons

1. Basic facts

A. On February 28, 2008, the Plaintiff entered into the instant general limit loan agreement and agreed to borrow KRW 1 billion from the Defendant as of February 28, 2008, 2000, 0.2% of the interest rate, 0.2% of the base interest rate, and 28 February 28, 2011 (hereinafter “instant general loan”).

2) Each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter referred to as “each of the real estates of this case”) to the Defendant as security.

3) As to the right to collateral security (hereinafter “instant right to collateral security”)

(1) The rate of damages for delay and the rate of special compensation under this Agreement shall be applied differently in accordance with the period of delay as follows: 1. The period of delay is less than one month (30 days) : (i) the debtor loan interest rate; provided, however, the policy loan shall be 1%:

2. Period in arrear is not less than one month but less than three months (not less than 31 days but not more than 90 days): The debtor's loan interest rate: Provided, That the policy loan shall be 1%;

3.The period in arrear is not less than 3 months (not less than 91 days): The debtor loan interest rate; provided that the policy loan is (12%) per annum; (2) the compensation rate for delay and the special compensation rate under paragraph 1 is less than 15 per annum (in the case of a partner, not more than 30 days, not more than 12% per annum; 13% per annum, not more than 91 days and not less than 15%) the rate shall be applied as 15% per annum (in the case of a partner, not more than 30 days, not more than 12% per annum; 13% per day, not less than 91 days and not less than 15%) and shall be applied as 21% per annum.

Provided, That daily loans shall be excluded from the application of the maximum interest rate.

(3) The term "debtor loan interest rate" in paragraph (1) means the normal interest rate immediately preceding the delinquency, and the loan to which the next compensation is paid shall include the interest rate on the second compensation.

Article 9 (Compensation for Delay) When the principal and interest of interest on installment payments and installment payments are not paid on the fixed date, I shall immediately pay damages for delay to the amount to be paid.

(2) The expiration date of loans.

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