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(영문) 서울중앙지방법원 2015.04.07 2014가단5287305
대여금
Text

1. The plaintiff

A. On September 12, 2014, Defendant A Co., Ltd.: (1) KRW 99,678,80, and KRW 99,678,80, out of its money.

Reasons

1. Determination on the cause of the claim

A. (1) On October 31, 2013, the Plaintiff, on which October 31, 2013, carried out a small and medium enterprise loan under the conditions of the fluctuation rate (the date when the loan is terminated, and the principal and interest was temporarily repaid until April 30, 2014). The Defendant Company failed to repay the loan after the expiration of the loan. The details of the outstanding loan as of September 11, 2014 are as follows.

The outstanding principal amount: interest of KRW 99,678,806: 2,954,674 won (2) calculated by the rate of 11% per annum agreed from May 30, 2014 to September 11, 2014; Defendant A entered into a credit card service contract with the Plaintiff on June 3, 2013; Defendant A used the credit card after entering into a credit card service contract with the Plaintiff on June 3, 2013; and the details of the use of outstanding credit cards as of September 12, 2014 are as follows.

The interest unredeemed principal: interest 7,915,564 won: 438,504 won (3) calculated by the rate of the application rate agreed from June 23, 2014 to September 12, 2014, calculated by 27.5% per annum; Defendant B provided a joint and several surety with the limit of KRW 120,000 per annum for the loans described in the above paragraph (1); and Defendant B provided a joint and several surety with the limit of KRW 120,000 per annum for the loans described in the above paragraph (1).

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 4, and the purport of the whole pleadings】

B. According to the above facts, Defendant A Co., Ltd. shall pay to the Plaintiff (1) the interest rate of KRW 102,63,480 of the total amount of principal and interest of the loan and KRW 9,678,80 of the amount of the loan principal from September 12, 2014, which is the date following the base date for calculating interest, to the Defendant, 11% per annum on the applicable rate agreed until December 19, 2014, and the interest rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until the full payment date; and (2) the interest rate of KRW 8,354,068 of the credit card usage amount and the interest rate of KRW 7,915,564 of the amount of the loan, calculated from September 13, 2014, which is the base date for calculating interest rate of KRW 7,915,564 of the amount.

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