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(영문) 대구지방법원 2020.01.30 2019가단15615

대여금

Text

1. The defendant shall pay to the plaintiff KRW 45,797,514 and KRW 43,259,530 among them, a year from July 22, 2019 to the day of full payment.

Reasons

1. Comprehensively taking account of the descriptions in subparagraphs 1 through 3 and the purport of the entire pleadings, the Plaintiff loaned (loan) to the Defendant by means of a ceiling transaction of KRW 47,60,000 on March 13, 2017, the interest rate shall be 6.9%, the rate for delay damages shall be 6.9%, and the due date shall be 44,000,000 won on September 13, 2018. The Defendant was unable to repay this by the due date, and the remaining debt shall be 43,259,530 won, interest and delay damages shall be 2,537,984 cause.

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 45,797,514 (= KRW 43,259,530, KRW 2537,984) and damages for delay calculated at the rate of 6.99% per annum from July 22, 2019 to the date of full payment.

3. The defendant's assertion is not acceptable since it is difficult for the defendant to make payment in installments, but there is no ground to permit payment in installments under statutes or agreements.

4. If so, the plaintiff's claim seeking the fulfillment of the obligation as referred to in Paragraph 2. of the above 2 is legitimate, and it is so decided as per Disposition.