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(영문) 서울남부지방법원 2019.12.20 2018가합900

대여금

Text

1. The defendant shall pay to the plaintiff KRW 870,679,452 among the costs and KRW 750,000 among the costs and the amount of KRW 750,000 from May 26, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On April 28, 2017, the Plaintiff lent KRW 400,000 to the Defendant 19% per annum, interest rate of KRW 24% per annum, interest rate of KRW 24% per annum, and due date of payment on September 28, 2017. As of May 25, 2018, the sum of the principal and interest on the above loan amount of KRW 463,068,493 (i.e., principal amount of KRW 400,000,000 and delay damages amount of KRW 63,068,493).

B. In addition, on June 12, 2017, the Plaintiff loaned KRW 350,00,000 to the Defendant with interest rate of KRW 19% per annum, overdue interest rate of KRW 24% per annum, and due date of payment on October 12, 2017. As of May 25, 2018, the total amount of the interest and interest on the above loan was KRW 407,610,959 (= Principal amount of KRW 350,000,000 and delay damages amount of KRW 57,610,959).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 24% per annum from May 26, 2018, which is the day following the above calculation base date to the day of full payment (=463,068,493,407,610,959) and the total of 750,000,000 won (=400,000,000 won).

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.