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(영문) 서울중앙지방법원 2018.05.24 2017가단5223845
대여금
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 204,973,965 and KRW 78,658,432 from October 18, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit transaction agreement with the Defendant as listed below and provided loans.

(hereinafter “each of the instant loans” refers to “each of the instant loans”; (1) No. 50,000,000 C on April 14, 201, 201; and (2) No. 100,000,000 C on March 12, 2012, 3203 on March 12, 2012, 40 B 4, 2012, referred to as “no. 60,000,000 B and 4, 2012” on March 12, 2012.

B. However, the Defendant lost the interest on each of the instant loans as of the date indicated below due to the delinquency of the principal and interest, etc., and even thereafter, the Plaintiff did not pay the remaining principal and interest (15% per annum) and included in the special bonds. The remaining principal and interest, etc. as of October 17, 2017 of each of the instant loans are as listed below.

The facts as follows: (a) No. 1 of the Loan 21 December 21, 2012, 78,658, 4325, 273, 938, 428, 428, 072, 147, 260, 442, 272, 254, 456 25, 4560, 2560, 2587, 69019, 87, 669, 087, 694, 011, 881, 398, 788, 658, 788, 4828, 4828, 4828, 47, 2847, 207, 387, 209, 19, 19, 19, 367, 284, 287, 2947

2. The allegations and judgment of the parties

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum as stipulated in the above agreement, with respect to the total amount of principal and interest of each of the instant loans as of October 17, 2017, and the principal amount of KRW 204,973,965, and KRW 78,658,432, barring any special circumstance.

B. (1) The Defendant rendered a judgment on the Defendant’s objection to the expiration of the extinctive prescription period. Each of the loans of this case came due around August 2012 when the Defendant delayed the principal and interest, and the application for the payment order of this case was filed.

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