(영문) 서울중앙지방법원 2017.11.28 2017나52209

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(영문) 서울중앙지방법원 2017.11.28 2017나52209

대여금

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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

1. Determination on the cause of the claim

A. Fact 1) The Plaintiff: (a) determined and lent to the Defendant the loan rate of KRW 16.4% per annum on May 25, 2001; (b) 19% per annum on overdue interest; and (c) November 24, 2013 (hereinafter “instant first loan”).

(2) On May 23, 2002, the loan amounting to KRW 15.9% per annum, overdue interest rate of KRW 19% per annum, and due date of repayment on November 22, 2013 (hereinafter “instant second loan”).

(2) According to the loan contract of this case (Article 7(2) of the General Terms and Conditions for Credit Transactions) 1 and 2, if the Defendant delays the payment of interest for one month from the time when the Defendant is obliged to pay interest, the Defendant is obliged to lose the interest due date for each of the above obligations and pay the full amount of the obligations.

3) The Plaintiff received interest from the Defendant on August 24, 2013 on the loan of KRW 6.39 million and the interest on the loan of KRW 6.99 million and the interest on KRW 7.99 million and the loan of this case until August 19, 2013. The Defendant did not pay the interest on the loan of this case after the above period of time and lost its benefit at the time. The Defendant did not pay the interest on the loan of this case of KRW 1 and KRW 2, and KRW 1,610,00 and KRW 46.4 million as the remainder of the loan of this case of KRW 6.3 million - KRW 6.3 million - interest rate of KRW 1,610 and interest on the loan of this case from August 25, 2013 to June 24, 2014, KRW 2.47 million and interest rate of KRW 6.1 million from the loan of this case, KRW 2,500,000 and KRW 2617.4 million as the loan of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number), the purport of the whole pleadings

B. According to the facts of the above recognition, the defendant, barring special circumstances, totaling KRW 4,178,791, and the remaining loan principal of the first and second loans of this case, shall be totaling 3.

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