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(영문) 대구지방법원 2020.04.23 2019가단101752
대여금
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit of this case shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

2...

Reasons

【Objection to Main Office】

1. Facts of recognition;

A. The Defendant’s loan debt 1) The Plaintiff concluded an agreement with the Defendant to lend KRW 100,000 to the Defendant on March 18, 2014, with the aim of contributing to the development of the national economy by efficiently promoting projects for the promotion of small and medium enterprises (Article 74(1)10 of the Small and Medium Enterprises Promotion Act), which is a public interest corporation established pursuant to the Act, for the purpose of contributing to the development of the national economy (Article 74(1)10 of the Small and Medium Enterprises Promotion Act). The Plaintiff loaned KRW 100,000,000 to the Defendant according to the said agreement.

(hereinafter) According to the loan agreement of this case, the above agreement is called "the loan agreement of this case", and the loan of this case is "the loan of this case". 3) Under the loan agreement of this case, the principal shall be repaid in equal installments on the date of repayment in accordance with the repayment date schedule for every three years (by March 19, 2019) after a two-year grace period, and interest (the interest rate that may be changed by 2.9% per annum or by certain methods) shall be paid on the date of repayment every month in accordance with the repayment date schedule, and the interest rate (the interest rate that may be changed by 2.9% per annum) was 12% per annum, according to the Plaintiff's basic loan agreement of this case, which is part of the loan agreement of this case.

(Article 6(1)1 Item 5 of the Loan Terms and Conditions (Article 6(1) of the Loan Terms and Conditions) provides that the Defendant was unable to repay the agreed principal and interest from around December 19, 2016. Unlike those stipulated in the Loan Terms and Conditions, the Plaintiff shall be treated as not being able to immediately incur any loss of interest arising from the loan terms and conditions (only for the principal and interest that have not been repaid in a timely manner).

As of November 28, 2018, the due date, which was set voluntarily, was treated as being lost only by the elderly, and the due date is the total amount of the unpaid principal from that time.

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