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(영문) 광주지방법원 2018.10.12 2018나54919

대여금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. According to the evidence evidence No. 1, the defendant, on August 25, 201, was found to have borrowed KRW 6,00,000 from the plaintiff on August 25, 201, on the due date, on August 25, 2016; interest fluctuation rate (the average interest rate of 6.38% of the new regular deposits on the first year immediately preceding the plaintiff's previous month); interest rate of 8% at loan interest rate if the due date is less than one month, 9% at loan interest rate, if the due date is more than one month but not less than three months, at least 3 months, at 11% at loan interest rate; and there is no dispute between the parties as of October 15, 2017, on the grounds that the remaining debt owed by the defendant after the repayment of the above amount is a total of KRW 657,309, interest rate, 137, 566, interest rate, 1348, 6362.

Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 18% per annum from October 16, 2017 to the date of full payment, as requested by the plaintiff, with respect to the above KRW 1,343,662 and KRW 657,309, the principal of which is the principal.

The defendant acknowledged the existence and scope of the obligation against the plaintiff, but argued to the effect that the defendant will perform the above obligation when the defendant's self-reliance was restored. However, it cannot be a legitimate defense against the plaintiff's cause of claim. Thus, it is without merit to further examine it.

2. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.