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(영문) 인천지방법원 2016.07.22 2013가합35593

손해배상(기)

Text

1. The Defendant’s interest rate of KRW 438,201,027 and KRW 277,00,000 among the Plaintiff shall be from February 17, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking into account the purport of the argument in subparagraph 1, the Plaintiff’s loan interest rate of KRW 6.5% on January 26, 2012 to the Defendant, 6.5% on the extended loan date, the extended loan date is January 26, 2015, and the extended loan date (the total amount of principal is extended on January 26, 2012, which is the starting date of the loan, and the repayment shall be made on January 26, 2012, and the extended loan interest rate of KRW 9% on a yearly basis, KRW 10% on a yearly basis, and KRW 11% on a three-month period, if the overdue loan date is less than one month from the date of delinquency, and KRW 10% on a yearly basis is determined to be added to each of the above loan rates. Furthermore, the above principal and interest rate is recognized as at February 16, 2016, which is at the close date of the argument in this case, KRW 201, KRW 207, KRW 20089, KRW 30089.

The Plaintiff calculated the principal and interest of a loan as of November 6, 2013 at the time of the filing of the instant lawsuit, and then calculated the principal and interest of a loan again at the time of closing argument of the instant lawsuit. There is no particular dispute between the parties regarding the method and details of calculating each principal and interest of a loan.

B. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the agreed interest rate of 17.5% per annum from February 17, 2016 to the date of full payment, as claimed by the Plaintiff, with respect to the principal and interest of interest of KRW 438,201,027 and the principal of the loan of KRW 277,00,000,000, which is the following day of the base date.

2. In conclusion, the plaintiff's claim against the defendant is reasonable, and it is so decided as per Disposition.