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(영문) 서울중앙지방법원 2017.12.06 2017나41070
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. The following facts are not disputed between the parties or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 3, and 5:

On May 9, 2012, the Plaintiff entered into a loan agreement with the Defendant under the following conditions:

(hereinafter referred to as “instant loan agreement” and the Plaintiff’s credit under the instant loan agreement (hereinafter “the instant loan agreement”). The lending limit period: from May 17, 2012 to December 21, 2012: Loan interest rate: 4.26% of the base interest rate for CD-limited loan (Article 3(5) of the Framework Terms and Conditions for Credit Transactions (Provisional Loan)) - The lending rate of less than three months: Interest rate of 8%: Interest rate of loan 9% - The highest damages rate of 17% per annum.

B. After the conclusion of the instant loan agreement, the Plaintiff and the Defendant modified the terms and conditions of the instant loan agreement as follows.

The loan interest rate for the loan in the loan transaction classification on the agreed date on December 20, 2012 due date shall be 4.06% of the base interest rate for the CD deferred loan of KRW 50,000,000 on December 20, 2013 on December 20, 2013; 3.52% of the base interest rate for the CD deferred loan of KRW 50,000 on December 20, 2013; 49,000,000 on December 22, 2014; and 4.84% of the base interest rate for the CD deferred loan of KRW 40,000 on December 24, 2015; and 3.5% of the base interest rate for the CD deferred loan of KRW 50,00,000 on December 24, 2015.

From January 30, 2015, the Plaintiff set the maximum compensation rate for delay at 15% per annum in the event of delinquency in the Plaintiff’s bank account loan including the instant loan agreement.

In addition to the payment of interest under the instant loan agreement by December 24, 2015, the Defendant did not pay interest any longer, and the transaction under the instant loan agreement was terminated. The Defendant’s obligation to lend the Defendant’s loan under the instant loan agreement is KRW 55,528,506, including the principal of the loan, KRW 49,000,000,000, interest or delay damages, and KRW 6,528,506, based on December 6, 2016.

2. Determination:

(a)agree the basis of the determination on the cause of the claim;

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