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(영문) 서울중앙지방법원 2019.10.10 2019가단5084105
대여금
Text

1. The defendant shall be the plaintiff.

(a) 317,800 won and the rate of 12% per annum from August 16, 2019 to the date of full payment.

Reasons

1. Determination as to the cause of claim

(a) The facts below the recognition do not conflict between the Parties;

1) On April 19, 201, the Plaintiff loaned KRW 30,000,00 to the Defendant (name B at that time) at the rate of 5.62% per annum on April 18, 2012 and on April 19, 2012 (hereinafter “No. 1 loan”).

(2) On June 15, 201, the Plaintiff lent KRW 30,000,000 to the Defendant on June 15, 2011, at the rate of 6.747% per annum on June 14, 2012.

(3) On April 16, 2013, the Defendant entered into a membership card with the Plaintiff and used a credit card. (4) At the time of each of the above lending and membership contract, the Defendant agreed to apply the interest rate prescribed by the Plaintiff as to the interest and delay damages, and to comply with the change of the interest rate, and the overdue interest rate on the loan determined by the Plaintiff was 11% per annum after January 1, 2013, and the overdue interest rate on the credit card was 24% per annum since June 1, 2012.

5) At the time of each of the above loans and membership agreements, the Defendant did not perform the obligation at the expiration of the credit period or lost the benefit of time in accordance with the basic terms and conditions for banking transactions, and the Defendant lost the benefit of time due to the Defendant’s failure to pay the loan principal and interest accrued therefrom at the due date. 6) On January 21, 2019, the Defendant lost the benefit of time due to the Defendant’s failure to pay the loan principal and interest accrued thereon at the due date. 317,800 won as of January 21, 2019. The principal related to the second loan is KRW 30,000,000, and the attempted interest is KRW 16,215,519, and the attempted interest is KRW 16,215,519. As of January 22, 2019.

B. According to the above facts of determination, the Defendant: (a) attempted interest related to the first loan, KRW 317,800, and delay damages thereon; (b) KRW 46,215,519, plus KRW 16,215,519, plus KRW 30,000,000 for principal related to the second loan; and (c) delay damages for the principal amounting to KRW 30,000,000 for principal amount; and (d) delay damages for the use of credit card amounting to KRW 2,042,518,000 for principal amount; and (e) delay damages for the use of credit card amounting

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