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(영문) 서울중앙지방법원 2015.05.15 2014나57395
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, 2012, the Plaintiff entered into a loan transaction agreement with the Defendant with a monthly repayment of KRW 45,000,000 to the Defendant on a lump-sum basis. By October 29, 2022, the Plaintiff entered into a loan transaction agreement with the Defendant to ensure that the principal and interest (an annual interest rate of KRW 14.5,000,000 shall be reduced by 0.2% per three months at the time of normal transaction without delay) shall be repaid equally each month until October 29, 202.

(hereinafter “instant loan”). (b)

The defendant has lost the benefit of time by delaying the obligation to repay the principal and interest. As of February 27, 2014, the loan principal amounting to 40,50,000 won, the loan principal amounting to 91,983 won for the parties who have not been repaid, the overdue interest amounting to 1,171,401 won for the parties who have not been repaid, the rate of application rate is 13% per annum, and the overdue interest rate set according to the bank credit transaction basic terms and conditions is 18% per annum.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff 42,583,384 won in total (=40,50,000 won in total) and 911,983 won in total,171,401 won in total and interest of the loan principal of KRW 40,50,000 in total from February 28, 2014 to the date of full payment, delay damages at the rate of 18% in arrears per annum from February 28, 2014 to the date of full payment.

B. On October 14, 2002, the Defendant opened the Mabpbook at the interest rate of 7% per annum from the Plaintiff, and thereafter, from around 2003 to around 2012, the Defendant used the above loan at the interest rate of 12-15% per annum from around 2003 to around 2012, and repaid the loan of Mabpbook with the Plaintiff’s loan as the Plaintiff’s debt adjustment program, and repaid the principal and interest on a monthly basis. At the same time, the Defendant demanded that the Defendant, prior to that time, notified that the household adjustment interest rate of another bank that was concluded by the Defendant was 5% per annum, to lower the existing Mbpbook interest rate.

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