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(영문) 수원지방법원 2020.08.19 2020가단2713

대여금

Text

The defendant shall pay to the plaintiff KRW 2,472,093,160 as well as KRW 1,510,00,000 from December 30, 2019 to December 31, 2019.

Reasons

1. On July 11, 2014, the Plaintiff loaned a loan to the Defendant at the interest rate of KRW 1.51 billion per annum + 1.17% per annum + 19% per annum, and the due date on July 11, 2019.

From January 12, 2015, the Defendant did not pay interest to the Plaintiff and incurred interest until December 29, 2019, totaling KRW 912,880,280. The Plaintiff spent KRW 49,212,880 in total while taking legal measures to secure the repayment of the above loan to the Defendant.

The Plaintiff’s interest rate on delay of loans is 7.19% per annum from December 30, 2019 to December 31, 2019, 7.18% per annum from the next day to March 31, 2020, and 7.08% per annum from the next day to the day of full payment.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, 9 (including each number), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the borrower, as the lender, is obligated to pay to the Plaintiff, as the lender, delay damages calculated at the rate of 7.19% per annum from December 30, 2019 to December 31, 2019, the agreed rate of 7.19% per annum, and from the next day to March 31, 2020, the agreed rate of 7.18% per annum and 7.08% per annum from the next day to the day of full payment.

3. The defendant's defense is a defense that the plaintiff's person responsible for the payment of the loan and the interest and delay damages are exempted, and the defendant agreed to pay only the provisional payment amount of about KRW 1.50 million with approximately KRW 49 million with the principal when the loan is repaid. However, there is no evidence to acknowledge this. Thus, the above defense is without merit.

4. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.