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(영문) 청주지방법원 2016.12.13 2014나6900
대여금
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following order of payment shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. Esvia 3 Savings Bank (which was the first mutual savings bank among the Co., Ltd.) was changed to the Hyundai Switzerland Savings Bank on November 21, 2008; on August 26, 2010, the Hyundai Switzerland Savings Bank was changed to the “Co., Ltd. Hyundai 3 Savings Bank”; on September 1, 2013, the “Svia 3 Savings Bank” was changed to the “Svia 3 Savings Bank; hereinafter “Svia 3 Savings Bank”) on August 28, 2006, regardless of whether before or after the change was made; and on August 28, 2006, the Defendant A Co., Ltd. (hereinafter “Defendant A”) loaned KRW 150 million at the interest rate of KRW 10.5% and due date for repayment; and on August 28, 2008, the Defendant Co., Ltd. (hereinafter “instant loans”); and the Defendant Co., Ltd. (hereinafter “Defendant A”) filed a petition with each of the instant loans within the limit of KRW 1500 million.

B. In granting the instant loan, SBA 3 Savings Bank entered into a credit transaction agreement with Defendant A (hereinafter “the instant credit transaction agreement”) on the date of the loan. The instant credit transaction agreement contains the following contents.

§ 1 (Conditions of Transaction) Recognizing that the basic terms of credit transaction by mutual savings banks are applied.

The interest rate on delay: Article 2 (Compensation for Delay) (1) applicable to the General Terms and Conditions on Credit Transactions in which a mutual savings bank fails to pay the principal and interest on installment payments, installment payments, and repayment on the due date, he shall promptly pay damages for delay on the amount to be paid.

(2) If debts are not met upon the expiration of the credit period or the benefit of time is lost pursuant to Article 7 of the Basic Terms and Conditions for Credit Transactions by a mutual savings bank, he/she shall pay damages for delay on the credit balance immediately

C. Of the basic terms and conditions of credit transaction applicable to the instant loan (hereinafter “the instant credit transaction terms and conditions”), the parts related to the instant loan are as follows.

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