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(영문) 서울중앙지방법원 2017.10.27 2017가합512332

대여금

Text

1. The defendant shall be the plaintiff.

(a) From February 1, 2017 to March 23, 2017, for KRW 1,548,706,875 and for KRW 591,66,667 among them. < Amended by Act No. 14747, Mar. 23, 2017>

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff concluded the first loan for consumption and failed to execute the loan contract, and the Plaintiff agreed to lend KRW 100,000,000 to the Defendant at an annual interest rate of 8% per annum and on January 31, 2014 for 12 months (hereinafter referred to as the “first loan for consumption”).

(2) On February 28, 2013, the Defendant repaid KRW 8,333,333 of the principal paid once on February 28, 2013, and did not fully repay the remainder of the principal and interest.

3) Under the first loan for consumption contract, the total amount of interest and delay damages incurred from February 1, 2013 to January 31, 2017 from February 1, 2017 to January 31, 2017 is KRW 29,384,475 [The total amount of interest and delay damages incurred from the borrowed principal = 613,69 won (10,000,000 x 00,000 x 000 x 0.08 x 28 days ± 365 days ± 365 days, and less than won shall be rounded up; hereinafter the same shall apply] 28,770,76 won [1,66,667 won (10,000 - 8,333,333 won) x 0.08 days ± 1432 days ± 465 days annually].

(2) The sum of interest and delay damages incurred from April 25, 2013 to January 31, 2017 under the second loan agreement for consumption is KRW 150,904,110 (i.e., KRW 500,000 x 0.08 x 0.08 x 10.02 ± 365 days) with respect to the borrowed principal under the second loan for consumption. (c) On January 16, 2014, the Plaintiff concluded a loan agreement for consumption with the Defendant on January 16, 2014 and lent KRW 50,00,000 annually at an interest rate of KRW 8.6% due and January 15, 2015.

(D) On June 5, 2014, the Plaintiff lent 20,00,000 won per annum to the Defendant at an interest rate of 8.6% per annum and on June 4, 2015, the total amount of interest and delay damages incurred from January 16, 2014 to January 31, 2017 under the third loan for consumption contract (i.e., KRW 50,00,000 x 00 x 0.086 x 1111 x 365 x 1).

(hereinafter referred to as the "Fourth Loan for Consumption". The interest accrued from June 5, 2014 to January 31, 2017 under the fourth Loan for Consumption Agreement and the interest accrued from June 31, 2017.