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(영문) 서울중앙지방법원 2014.10.31 2014나23118
대여금
Text

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. Loan account number 1B 14,000,000 2 C 14,000,000 3 D 14,000,000 4 E 14,000 4 E 14,000,000

A. On June 10, 1996, the Plaintiff loaned KRW 42,00,000 per annum to the Defendant as a loan for the sale of national housing, with the interest rate of KRW 9.5% per annum, interest rate of delayed compensation rate of KRW 17% per annum, and date of final redemption on June 10, 2016, each of the following four times as follows:

B. At the time, the Plaintiff and the Defendant agreed to apply the basic terms and conditions of bank credit transactions with respect to each of the above loans as follows:

Article 3 of the General Terms and Conditions for Credit Transactions (hereinafter "the defendant") and damages for delay (hereinafter "the plaintiff") delay the performance of obligations against the bank (hereinafter "the plaintiff"), shall pay the amount to be paid immediately at the rate prescribed by the plaintiff within the limit prescribed by the law, 1 year and 365 days, and compensation for delay equivalent to the number of delayed days calculated on a daily basis, and shall pay damages for delay equivalent to the number of days calculated on a daily basis due to changes in financial circumstances and other reasonable reasons to the extent permitted by the law.

(2) In the event that any of the following events occurs with respect to the Defendant, the Defendant shall naturally lose the benefit of the time limit for the relevant obligation and pay the full amount of the obligation immediately.

However, the plaintiff shall notify the defendant of the fact that he/she has delayed payment of his/her obligation and the loss of the benefit arising therefrom by not later than three business days prior to the date of loss of the due date, and if he/she has not notified by not later than three business days prior to the date of loss of the due date, the defendant shall be liable to pay the due amount by losing the benefit within three business days after the date of actual

1. When interest is delayed for one month from the time when interest is to be paid;

C. Meanwhile, on November 23, 2004, the Plaintiff lost the benefit of time due to the Defendant’s delinquency in paying each loan.

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