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(영문) 서울북부지방법원 2017.05.12 2016나6192

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The following facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 4:

On June 20, 2014, the Plaintiff entered into an installment financing agreement, etc. with the Defendant and the Plaintiff at an annual interest rate of KRW 16,500,000.

6. 9% (annual interest rate 24%) and loans were granted in accordance with the loan period of 60 months (terms on the repayment of principal and interest, etc.).

B. However, from April 21, 2016, the Defendant lost the benefit of time by delaying the return of the loan, and accordingly, the sum of KRW 11,575,389 as of May 27, 2016 (i.e., the loan principal KRW 11,358,174, KRW 143,189, KRW 66,401, KRW 7,625) is not repaid.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed delay damages at the rate of 24% per annum from May 28, 2016 to the date of full payment of the principal and interest of loans plus KRW 11,358,174.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.