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(영문) 광주지방법원목포지원 2017.09.20 2017가단5073

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 9,560,580 as well as KRW 8,177,045 as the amount of KRW 8,177,045 from March 31, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 4, 2015, the Defendant entered into a loan agreement with the Plaintiff to obtain a loan of KRW 9,980,000 from the Plaintiff (hereinafter referred to as “instant loan agreement”) by determining the loan interest rate of KRW 17% per annum, overdue interest rate of KRW 19% per annum, 36 months during the loan period, and KRW 35,814 per month of repayment method, respectively.

B. The Defendant was granted a loan of KRW 9,980,000 from the Plaintiff around that time, but did not repay the monthly installment to the Plaintiff after May 3, 2016.

C. Meanwhile, as of March 30, 2017, the principal and interest of the instant loan was KRW 9,560,580 in total, and among them, the balance of the principal and interest of the instant loan was KRW 8,177,045 in total.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant, after May 3, 2016, lost the benefit of time due to the Plaintiff’s failure to repay the principal and interest under the instant loan agreement, and thus, barring any special circumstance, is obliged to pay the Plaintiff the principal and interest of the instant loan amounting to KRW 9,560,580 and delay damages for the principal amounting to KRW 8,177,045.

As to this, the defendant asserts that the loan contract of this case was concluded by deception of the company B, and thus, the plaintiff does not have the obligation to pay the principal and interest of the loan of this case. However, there is no evidence to acknowledge the defendant's assertion, and the defendant'

3. Therefore, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated at the rate of 19% per annum from March 31, 2017 to the date of full payment, and thus, it is so decided as per Disposition with the Plaintiff’s claim.