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(영문) 서울중앙지방법원 2016.12.21 2015가단5375407
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 46,439,620 and KRW 34,774,604 among them, from November 24, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On March 19, 2013, the Defendant extended a loan of KRW 35,00,000 from the Plaintiff on March 19, 2013 to KRW 3.2% per annum on March 19, 2014, interest rate of three months, and interest rate of overdue interest rate of three months, additional interest rate of ten percent per annum (one-89% per annum, 9% per annum, 90 days per annum, and 10% per annum). However, on July 25, 2014, the Defendant filed an application for recovery from the Plaintiff on July 25, 2014 by failing to repay the loan, and filed an application for recovery of the due date with the Plaintiff on December 4, 2024, five percent per annum, interest rate of five percent per annum, and overdue interest rate of ninety days or more per annum, but did not repay the debt so adjusted, thereby losing the interest on the loan.

Meanwhile, the principal of the attempted loan up to November 23, 2015 is KRW 34,774,604, and the interest for attempted interest is KRW 4,207,249.

B. On March 19, 2013, the Defendant received a loan by setting KRW 20,000,000 from the Plaintiff as the due date of payment on March 19, 2014; KRW 5.6% per annum of the CD-based interest rate of three months; and KRW 5.6% per annum of the interest rate on overdue interest rate of three months; and KRW 9% per annum of the interest on overdue interest rate of ten days or more (9% per annum, 90, or 10%) and repaid the loan principal in full; however, overdue interest rate of KRW 1,104,325 was not repaid

C. The Defendant concluded a credit card transaction agreement with the Plaintiff and used the credit card. However, as of November 23, 2015, the Defendant failed to pay the principal amount of 5,450,537 won, 767,405 won in total, 6,217,942 won in total, and as of November 24, 2015, the overdue interest rate of the credit card as of November 24, 2015 is 28% per annum.

Meanwhile, Article 4(1) of the Plaintiff’s General Terms and Conditions for Credit Transactions, which approved that the Defendant applied at the time of the above loan agreement, provides that “the debtor shall bear the expenses for the exercise or preservation (provisional seizure or provisional disposition) of the bank’s claims or security rights against the debtor, the guarantor, or the surety, in accordance with default.” The Plaintiff spent KRW 142,60,00 among the expenses for provisional seizure against the Defendant for the preservation of the above loan obligation, and recovered KRW 7,100 among them.

[Grounds for recognition] Unsatisfy, A No. 1.

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