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(영문) 대구지방법원 2018.01.18 2017나312702
대여금
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in this court, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff entered into a loan agreement with the deceased B on a total of six student loan transactions (hereinafter each of the instant loan agreements, and entered into each of the instant loan agreements according to the sequences, and lent a total of KRW 6,580,000 to the deceased B pursuant to each of the instant loan agreements.

The loan interest rate for the loan date 1,460,00 won on March 6, 2012 3.9% on March 6, 2012 72 months 72.9% on March 6, 2012 3.9% on March 6, 2012 3.9% on August 24, 2012 72.9% on August 24, 2012 3.9% on August 24, 2012 4.9% on August 24, 2012 3.9% on February 1, 2013, 1,140,000 won 72 months on February 1, 2013 and 62.9% on February 6, 2013 on February 20, 200,000 won 72.2.9% on February 1, 2013

B. 1) According to the Plaintiff’s credit transaction terms and conditions, “if a debtor loses the benefit of time, he/she shall pay damages for delay to the balance of the loan from that time.” Article 6 of the credit transaction terms and conditions states that “if he/she fails to pay even one of several debts to the Foundation, or fails to repay obligations that have lost the benefit of time under paragraph (2) or (4), he/she shall lose all the benefit of time to the Foundation.” Meanwhile, according to each of the instant loan agreements, the rate of damages for delay shall be 15% per annum where the delayed period is not more than three months, and 17% per annum where the delay period exceeds three months, the Plaintiff reduced the rate of damages for delay, but the Plaintiff applied the rate of damages for delay to “7% per annum where the delay period is not more than three months, and 9% per annum where the delay period exceeds three months.”

C. The network B failed to repay the Plaintiff the obligations under each of the instant loan agreements during the period during which each of the instant loan agreements was due, and the network B lost the benefit of time on January 11, 2017.

The remaining principal of the loan obligations under each of the instant loan agreements = KRW 4,523,320 in total = 638,930 in the remaining principal of the loan agreement of KRW 437,590 in the remaining principal of the loan agreement of KRW 435,020 in the remainder of the loan agreement of KRW 638,930 in the loan agreement.

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