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(영문) 광주지방법원 2017.04.26 2015가단525884
채무부존재확인
Text

1. As to KRW 110,215,505 among them and KRW 95,00,000 among them, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On September 17, 2014, CFFF (hereinafter “CF”) entered into a loan agreement with the Plaintiff on September 17, 2014, which provides that KRW 95,00,000,000 for loans, and the due date for payment on September 17, 2016, shall be 10% per annum within 30 days in arrears, 30 days in arrears, 12% per annum between 30,000 and 90 days in arrears, 14% per annum exceeding 90 days in arrears, and interest shall be paid on the payment date every one month from the date of the loan (hereinafter “the instant loan agreement”). On the same day, the Plaintiff signed and sealed the Plaintiff’s deposit passbook in the Plaintiff’s name and withdrawn the loans.

B. The basic terms and conditions for credit transactions applicable to the instant loan agreement provide that when a debtor delays interest for one consecutive month or delays in paying the principal and interest on installment payments or installment payments on at least two consecutive occasions, such benefit shall be lost and the remainder of the principal and interest shall be paid in lump sum.

C. The Plaintiff’s interest under the instant loan agreement was overdue after August 17, 2015, and lost the benefit of time. On August 28, 2016, the unpaid principal and interest of KRW 110,277,438 (i.e., the principal and interest of the loan amount of KRW 95,00,000,000 and interest for delay) are KRW 15,215,505.

On June 5, 2015, the defendant merged Cass.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 8, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff is obligated to pay the Defendant a interest in arrears calculated at the rate of 110,277,438 won of the outstanding principal and interest of 95,00,000 won of the loan and the principal of the loan from August 29, 2016 to September 1, 2016, which is the service date of a duplicate of the counterclaim from August 29, 2016, and the interest in arrears calculated at the rate of 14% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

(b).

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