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(영문) 대전지방법원논산지원 2015.01.22 2014가단21536
대여금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 49,827,297 and KRW 36,990,125 of the said amount. The Defendant shall pay the Plaintiff full payment from August 30, 2014.

Reasons

1. Indication of claim;

A. The Plaintiff (formerly: Korea Specialized Credit Financial Business Act) is a credit financial institution under the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), which is established and engaged in installment financing business, facility leasing business, etc. under the Specialized Credit Financial Business Act.

B. On April 5, 2013, the Plaintiff: (a) set the period of KRW 40,000,000 to the Defendant at 36 months; (b) interest rate of KRW 27.5% per annum; and (c) interest rate of KRW 33% per annum.

C. The Defendant lost the benefit of time on December 15, 2013.

As of August 29, 2014, the principal of the above loan as of August 29, 2014 is 36,990,125 won, plus interest, damages for delay, etc. 49,827,297 won.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 33% per annum agreed within the limit prescribed by the Credit Business Act from August 30, 2014 to the date of full payment, with respect to the principal amount of KRW 49,827,297 and the principal amount of KRW 36,90,125 out of the above loans.

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

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