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(영문) 서울중앙지방법원 2016.12.13 2016가단5116155
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff entered into a loan agreement with the Defendant on the same terms and conditions as the attached loan transaction agreement (hereinafter “instant loan agreement”) and borrowed KRW 100,00,00 from the Defendant, and the Defendant applied for the payment of principal and interest pursuant to the loan agreement of this case against the Plaintiff on June 26, 2015 in the loans case where the Defendant applied for the payment of principal and interest pursuant to the loan agreement of this case as stated in the attached form of claim, such as the attached form of claim, the Seoul Central District Court issued an order for payment order of KRW 123,132,180 to the Defendant on June 26, 2015 and KRW 10,00,000 among them from June 9, 2015 to the delivery date of the authentic copy of the payment order, and KRW 20,000 per annum from the next day to the day of complete payment, and there is no dispute between the Plaintiff and the Plaintiff on June 1, 2015.

2. The Plaintiff’s assertion and its determination on this point: (i) as at the time the Defendant entered into the instant loan agreement with the Defendant, no explanation was required from the Defendant on the damages for delay applicable to the loan under the said agreement; (ii) the damages for delay stipulated in the instant loan agreement cannot be applied to the Plaintiff; and (iii) the damages for delay with the maximum of 17% damages stipulated in the instant loan agreement are unfairly excessive in light of the interest rate at the bank, transaction practices, and general social norms as stipulated in the current Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings; and (iv) the amount of damages shall be reduced pursuant to Article 398(2) of the Civil Act, which provides for reduction of the amount of damages where the scheduled amount of damages is unreasonably excessive; and (iii) the reasons for which the loan agreement was entered into with the Defendant was to raise the operating funds of the B

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