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(영문) 의정부지방법원 2020.11.13 2019가합57145

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 26,635,238 and the interest rate of KRW 24% per annum from December 31, 2019 to the date of full payment.

Reasons

Basic Facts

A. The Plaintiff, on March 14, 2018, stated the loan principal of KRW 300,000 in the loan certificate (Evidence A) dated March 14, 2018 to C, but the Plaintiff granted KRW 25,00,000,000 after deducting the interest of KRW 45,00,000 from the said money, is reasonable to deem that the actual loan principal is KRW 25,00,000,000.

B The loan was made on February 15, 2019, 3% of the interest rate per month and February 15, 2019, and the Defendant guaranteed the above loan obligations.

(hereinafter “instant monetary loan agreement”). (b)

The Defendant and C paid the Plaintiff KRW 20,00,000,000 on August 10, 2018 under the instant monetary loan agreement, and KRW 34,00,000 on August 31, 2018, and KRW 275,00,000 on December 30, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. As to the claim and judgment, the Plaintiff sought to the Defendant payment of KRW 255,00,000 under the instant monetary loan agreement, and the interest and delay damages calculated at the rate of 24% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, within the scope of the agreed interest rate from March 15, 2018 to the date of full payment.

If the above repayment amount is appropriated from the interest or delay damages calculated at the rate of 24% per annum from March 15, 2018 to the day of full payment, the remaining principal and interest as of December 30, 2019 shall be KRW 27,794,928, as shown in the attached Table.

Therefore, as part of the above KRW 27,794,928, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 24% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, within the scope of the agreed interest rate from December 31, 2019 to the day of full payment, which is the day following the above appropriation date.

3. Conclusion, the plaintiff's claim of this case is reasonable.

참조조문