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(영문) 인천지방법원 2017.08.09 2016나63517
대여금
Text

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. Facts of recognition;

A. On October 29, 2015, the Defendant agreed to grant a loan of KRW 3,000,000 from the Plaintiff at a rate of 34.894% per annum, to repay monthly interest on the principal on the 28th of each month and to repay KRW 3,00,000 on October 29, 2020, the maturity date.

(hereinafter referred to as the “instant loan agreement”) B.

The Defendant received KRW 3,00,000 from the Plaintiff on October 29, 2015, and deposited interest under the instant loan agreement to the Plaintiff from November 30, 2015. However, the interest accrued under the instant loan agreement was paid to the Plaintiff only once a part of the agreed interest was paid on February 20, 2016, and the Defendant lost the benefit of time on September 24, 2016 under the instant loan agreement.

C. As of October 12, 2016, the date of amendment of the final purport of the claim and the cause of the claim, the Defendant’s obligation under the instant loan agreement is KRW 3,661,667 (principal KRW 3,00,000, interest KRW 661,667).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 3,661,667 and the principal of the loan amount of KRW 3,00,000 from October 13, 2016 to the date of full payment, the interest rate of KRW 34.894 per annum, which is the interest rate stipulated in the instant loan agreement.

On the other hand, the defendant asserts that the loan contract of this case only pays interest for five years, and the principal amount of KRW 3,000,000,000 after five years, was repaid on October 29, 2020, and thus demanding the payment of all principal and interest at one time is too harsh.

However, in light of the aforementioned evidence, the fact that Article 12 of the Standard Terms and Conditions for Loan Transactions of this case provides that the benefit of time shall be lost if a cause under the foregoing terms and conditions for the loan transaction of this case occurred, and the defendant also stated in the contract that he received and explained all the terms and conditions for the loan transaction of this case at the time of the loan of this case, and that the defendant lost the benefit of time on September 23, 2016 due to delinquency in payment of interest.

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