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(영문) 서울북부지방법원 2019.12.13 2019가단136642

대여금

Text

1. The defendant shall pay 45,00,000 won to the plaintiff and 24% per annum from July 26, 2015 to the day of complete payment.

Reasons

1. Indication of claim;

A. On September 26, 2014, the Plaintiff: (a) lent the interest of KRW 50 million to the Defendant KRW 1 million per month (24% per annum); and (b) the due date for repayment was determined on or after January 2015 as the first half of the same year.

B. However, the Defendant paid only KRW 15 million on November 6, 2014, KRW 1 million on December 3, 2014, KRW 1 million on January 7, 2015, KRW 1 million on March 18, 2015, KRW 3 million on May 27, 2015, KRW 200,000 on June 1, 2015, and KRW 15 million on July 8, 2015, and did not pay the remainder of the principal and interest on the loan.

C. The Plaintiff’s partial repayment of KRW 10 million was appropriated to the agreed interest or delay damages for the ten-month period from September 26, 2014 to July 25, 2015, and the remainder of KRW 5 million was appropriated to the borrowed principal.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 45 million and the agreed damages for delay calculated at the rate of 24% per annum from July 26, 2015 to the date of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act: