logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.25 2017가단90989
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 212,591,097 and the amount of KRW 154,467,59 from June 21, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On May 10, 2006, the Plaintiff extended loans to the Defendant with the interest rate of 50,000,000 UN due date on May 10, 2007, 100, 2007, i.e., one-month fluctuation rate (it can be changed from time to time by the bank until the fulfillment of the basic interest rate, additional interest rate, and obligation), i.e., redemption currency, or won currency.

hereinafter referred to as "the loan of this case"

(B) After that, the Plaintiff and the Defendant agreed on March 11, 2016, when the repayment period of the instant loan extended several times, to extend the payment period of KRW 48,850,00 to May 9, 2016. The details of the extension of the payment period of the instant loan and the trend of changing the applicable interest rate are as indicated in the attached interest rate list. (B) The Defendant failed to repay the principal and interest of the instant loan by May 9, 2016, which is the final payment period, and the Plaintiff incorporated the instant loan into a special bond to redeem the bad debts of the instant loan on March 27, 2017, the rate of delay damages applicable to the instant special bond is 15% per annum. C. June 20, 2017, the amount converted into the original loan amount of KRW 154,467,599,599, 197, 209, 197, 2015 or 197.

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the total sum of the remaining principal and interest of the loan of this case as 212,591,097 won and delay damages for the principal amount of 154,467,599 won, barring special circumstances.

B. As to this, the Defendant asserts to the effect that, by applying a high interest rate on the instant loan by taking advantage of his superior position, the Plaintiff could not respond to the Plaintiff’s claim prior to the settlement of the remaining principal and interest.

arrow