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(영문) 서울중앙지방법원 2016.04.28 2015가단179765
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,575,342 as well as KRW 23,120,157 among them, from September 5, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 8, 2003, the Plaintiff made a 5 million won loan to the Defendant, and the period has been extended in sequential order. On March 19, 2009, the Plaintiff entered into an agreement with the Defendant to newly grant the loan amount of KRW 30 million and the period has been extended by March 21, 2014.

B. On March 21, 2014, the Defendant requested the Plaintiff to extend the term of the above loan. The Plaintiff explained that it is possible to extend the term of the loan by one year, which is KRW 7.5 million, in order to extend the term to the Defendant.

C. The Defendant did not prepare for repayment of KRW 7.5 million, and the Plaintiff extended the additional period of three months without paying a part of the principal.

On June 21, 2014, the Defendant still could not repay KRW 7.5 million. On June 21, 2014, the Plaintiff extended a loan of KRW 25 million to the Defendant on the 24th of the same month as a product of a long-term loan for repayment by split-off.

(hereinafter referred to as “instant loan”). At the time, the interest rate shall be 13% per annum, but interest rate shall be reduced by 0.2% per three months at the time of repayment of a certain amount without delay, and interest rate in arrears shall be set in accordance with the General Terms and Conditions for Credit Transactions by Banks. The interest rate in arrears applied after December 28, 201 shall be 15% per annum.

E. After that, the Defendant lost the benefit of time by failing to repay the principal and interest after March 24, 2015. Accordingly, as of September 4, 2015, the principal and interest of the instant loan remains in total of KRW 23,120,157, and interest KRW 498,801, and KRW 24,575,342.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum, which is the overdue interest rate of 24,575,342 won and the principal amount of 23,120,157 won, among them, from September 5, 2015 to the date of complete payment, to the date of full payment, barring any special circumstance.

B. The Defendant is the same as the Plaintiff on June 21, 2014.

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