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(영문) 서울중앙지방법원 2018.03.14 2017나60132
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

Article 1 [Terms and Conditions of Loan] Loan: 24,50,000 won loan interest rate: Change in the rate of 24,50,000 won: 4.5% per annum (it may be changed at the time of revision of the management plan to the interest rate under the National Housing Management Plan of the Ministry of Construction and Transportation): Payment method of principal and interest 4.5% per annum: Temporary repayment (the principal shall be repaid at the expiration date of the above loan period, the interest shall be paid every month, and the last interest shall be paid at the expiration date of the loan period; the interest rate for delay] Article 3 / [The rate for delay] Interest rate shall be double the rate agreed by applying the additional interest rate of arrears to the loan interest rate under Article 1, but if the agreement is 8.5% per annum,8.5% per annum, and if the agreement exceeds 17% per annum, 17% per annum

Article 4 [Loan Interest Rate, Rate of Damages for Delay, and Damages for Delay] (1) Matters concerning loan interest rate, period of loan, limit of loans to the party, etc. shall be governed by the National Housing Fund Operation Plan of the Ministry of Construction and Transportation.

(2) Where the rate of interest rates or damages for delay prescribed in Article 1 is modified due to an amendment to the operational plan of the National Housing Fund, I will comply with the basic terms and conditions of banking transactions.

(4) Where a person fails to perform his/her obligation on the expiration date of the lending period, or loses the benefit under the terms and conditions of bank credit transactions as provided for in the Framework Agreement on Credit Transactions or this Agreement, he/she shall pay damages for delay on the balance of the loan from that time.

On January 10, 2008, the Plaintiff entered into a loan transaction agreement with the Defendant (hereinafter “instant loan transaction agreement”) and loaned KRW 24,500,000 to the Defendant.

(hereinafter “instant loan”). (b)

The loan claims in this case were due on March 25, 2016. As of August 26, 2016, KRW 829,267, the principal amount as of August 26, 2016, KRW 1,108,440, and overdue interest (interest accrued after incorporation) plus KRW 595,026, and KRW 2,532,733 are remaining.

[Reasons for Recognition] The Evidence A Nos. 1 through 6 are written.

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