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(영문) 서울남부지방법원 2015.03.20 2014가단241669
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,038,950 as well as KRW 22,436,042 as to the Plaintiff from September 17, 2014 to the day of full payment.

Reasons

1. Indication of claim;

A. On July 8, 2013, the Plaintiff: (a) 25,040,000 won to the Defendant; (b) 7.5% per annum; and (c) 24% per annum; (d) 14,120,00 won, among them, were repaid in equal installments for 48 months; and (e) the remainder KRW 10,920,000,000, determined to repay the principal in lump sum after the lapse of 48 months.

B. According to the credit transaction standard terms and conditions applicable to the above lending agreement, when the payment of principal and interest has been delayed on more than two consecutive occasions, the Defendant shall lose the benefit of the term and shall be obliged to repay the debt immediately. The Defendant lost the benefit of the term by delay, and the principal and interest of the bonds as of September 16, 2014 are principal and interest KRW 22,436,042, interest and delay damages.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 24% per annum from September 17, 2014 to the date of full payment of the principal amount of KRW 23,038,950 and the principal amount of KRW 22,436,042.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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