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(영문) 인천지방법원부천지원 2016.12.14 2016가단108542
대여금
Text

1. As to KRW 824,657,995 and KRW 412,00,00 among the costs, the Defendant shall pay to the Plaintiff the Plaintiff KRW 824,657,99,00. From March 28, 2016 to May 24, 2016.

Reasons

1. Amount of basic fact-finding loan: 412,00,000 won loan: Interest rate on September 15, 2009: Revised interest rate (Selection of Article 3(2)2 of the General Terms and Conditions for Loan Transactions (Provisional Loan) (Selection of Article 3(2)2 of the General Terms and Conditions for Loan Transactions): 2.84% loan period expiration: Method of repayment on July 15, 201: To repay in full on the expiration date of the loan period;

The rate of damages for delay (the application of Article 3(5) of the Basic Terms and Conditions for Credit Transactions (AFF)

A. The Plaintiff (the Plaintiff was established by dividing the National Agricultural Cooperative Federation at the time and the financial portion after the division, and the Plaintiff was established in total) concluded each of the following loans with the Defendant, and loaned a total of KRW 494,400,000.

(hereinafter referred to as “each of the instant loan agreements” and the relevant loan claims: The amount of loan claims: 82,400,000 won: the date of the expiration of the loan period: December 14, 2010: on July 15, 2011: To repay the total amount on the expiration date of the loan period.

B. The Defendant did not repay the principal and interest of each of the above loans, and the Plaintiff’s loan balance against the Defendant as of March 28, 2016 is as follows.

Of the loan principal, the agreed delay damage rate of 412,00,000 won 275,03,861 won 687,03,863,861 won 13.28% 82,400,000 won 55,224,134 won 137,624,134 won 134 won 13.25% of the loan principal / 13.25% of the loan principal / 13.25% of the loan principal / there is no dispute between the parties concerned, Gap evidence 2, 3,8, and 9 (including the serial number; hereinafter the same shall apply), each statement on the loan principal, and the purport of the entire pleadings, unless there is any special indication;

2. According to the above facts of determination as to the cause of claim, the Defendant prescribed that the Plaintiff’s total amount of principal and interest of KRW 824,657,95 as well as KRW 412,00,000 as to the Plaintiff from March 28, 2016 to May 24, 2016, as to the annual interest rate of KRW 13.28%, 82,40,000, which is the date of service of the original payment order of this case, from March 28, 2016 to May 24, 2016, as to the interest rate of KRW 13.25% per annum, which is the agreed interest rate for delayed damage from March 28, 2016 to May 24, 2016, and from the next day to the date of full payment.

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