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(영문) 서울남부지방법원 2019.07.17 2019가단227323

대여금

Text

1. As to KRW 34,83,648 and KRW 33,948,293 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 20, 2019 to July 17, 2019.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the cause of the claim Gap 1 through 4, the Plaintiff: (a) on February 14, 2018, leased KRW 38 million to the Defendant at an interest rate of 9.9% per annum; (b) at an interest rate of less than two times per annum; (c) at an interest rate of less than two times per annum; (d) at an interest rate of not less than two times per annum; (e) at an interest rate of not less than two times per annum; (e) from April 30, 2018, 12.9% per annum; (d) the repayment period of not less than 60 months; and (e) the situation method of repayment; (e) the Plaintiff’s obligation to pay the above loan to the Plaintiff at least two times; (e) the interest rate of the loan that the Defendant is obliged to pay to the Plaintiff at an interest rate of 33,948,293, interest rate of not more than 85,35550 per annum; and (e) the Defendant shall be liable to the Plaintiff 3034.38.384.3.384.38.

(1) The Plaintiff filed a claim for damages for delay from November 1, 2018, which is the date on which the Defendant lost the benefit of time. However, since the damages for delay in the above part is deemed to have already been included in the claim amount, the Plaintiff’s claim is without merit. 2. As such, the Plaintiff’s claim is reasonable within the scope of the above recognition, and thus, the remainder of the claim is dismissed. It is so decided as per Disposition.

참조조문