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(영문) 서울중앙지방법원 2018.04.19 2017가단5240581

대여금 등

Text

1. The defendant shall pay to the plaintiff the amount of KRW 85,010,045 as well as KRW 63,078,543 as of October 13, 2017 to the day of full payment.

Reasons

Comprehensively taking account of the purport of each of the arguments set forth in Gap evidence 1, 2, and 3-1, 2-1 and 2-2, the defendant approved the application of the General Terms and Conditions on Credit Transactions and the Basic Terms and Conditions on Deposit Transactions (hereinafter "the first loan") from the plaintiff on December 16, 2005, and borrowed 12.4 million won from the plaintiff on May 16, 2014 (hereinafter "the second loan"), and 12 million won on May 16, 2014 (hereinafter "the second loan"), and 2. The interest rate for delay applied by the plaintiff on March 24, 2015 to the 3-month interest rate of the first loan and 15% per annum from March 24, 2015 to the 3-month interest rate of 15% per annum, whichever is below the interest rate of 7.0% per annum and 15% per annum, whichever is below the interest rate of 15% per annum and 28% per annum.

Therefore, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 85,010,045 (=63,078,543 21,628,6677, 302,635) and damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate, from October 13, 2017 to the date of full payment, as to the principal amount of KRW 63,078,543, the above sum of KRW 85,010,045 (i.e., 63,07,628, 8677,