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(영문) 창원지방법원진주지원 2015.07.03 2015가단1471

대여금

Text

1. As to KRW 30,00,000 among KRW 31,367,831 and the said money, the Defendant shall pay to the Plaintiff KRW 30,000 from January 14, 2015 to January 26, 2015.

Reasons

1. Basic facts

A. On May 15, 2012, the Plaintiff respectively lent KRW 30,000,000 to the Defendant on May 15, 2012 at the rate of 1.13% per annum on May 15, 2015, and at the rate of 19% per annum.

B. According to Article 9(2) of the Plaintiff’s Loan Transaction Agreement, when the Defendant loses the benefit of time, the Defendant shall pay damages for delay to the balance of the loan immediately from that time.

C. As of January 13, 2015, the Defendant lost the benefit of time by paying only interest until September 4, 2014. As of January 13, 2015, the Plaintiff’s loan claim amounting to KRW 30,000,00,00 for delay damages and KRW 1,367,831 for total amount of KRW 31,367,831 for delay damages, and the current rate of delay damages determined by the Plaintiff is KRW 17.89 per annum.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of the principal and interest on the loan as of January 13, 2015, totaling KRW 31,367,831, and the damages for delay calculated by the rate of 17.89% per annum, which is the interest rate for delay, from January 14, 2015 to January 27, 2015, the service date of the instant payment order, and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.