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(영문) 인천지방법원 2017.06.14 2016나56397
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On July 20, 2009, the Plaintiff was a stock company operating installment financing business, and extended a loan to the Defendant with the purchase price of KRW 12,200,000 per annum 8.75% per annum, interest rate of KRW 24% per annum, interest rate of KRW 24% per annum, equal installment repayment of principal and interest per month for 36 months in repayment method, and the settlement date on the 25th day of each month.

(hereinafter “instant loan”). The Defendant’s representative director C guaranteed the Defendant’s obligation to the Plaintiff on the same day.

Around that time, the Plaintiff set up a right to collateral security of KRW 6,100,000 with respect to the instant vehicle that is the mortgagee.

Article 3 (Interest, etc. and Damages for Delay) (5) of the Framework Terms and Conditions for Credit Transactions (hereinafter “Agreement”) shall pay the amount to be paid immediately to a financial company by the rate agreed between the financial company and the debtor within the limit prescribed by the Act and subordinate statutes, one year and 365 days, and compensation for delay equivalent to the number of days delayed calculated on a daily basis, but may change the rate within the limit permitted by the Act and subordinate statutes due to financial change and other reasonable reasons.

Article 8 (Duty of Repayment before Due Date) (1) In any of the following cases with respect to a debtor, even if there is no demand or notification from a financial company, the debtor shall, as a matter of course, immediately lose the interest of the period of all obligations to the financial company (including the occurrence of a prior indemnity obligation in a payment guarantee transaction; hereinafter the same shall apply), and shall pay it in full.

2. The following cases are applicable to a debtor when an order of seizure or the notification of seizure is sent to him/her for a disposition on default on the secured property provided by the debtor (excluding claims against a financial company referred to in paragraph (1) 1), or when compulsory execution or a disposition on default commences by any other means:

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