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(영문) 부산지방법원 2016.06.14 2015가단233117

대여금

Text

1. The defendant shall pay to the plaintiff KRW 83,177,762 as well as KRW 82,755,00 among them, from July 25, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On March 6, 2015, the Defendant borrowed KRW 99,330,00 from the Plaintiff as a 12-month installment period. The Defendant repaid KRW 8,277,50 per month to the Plaintiff by equal repayment of principal and interest. If the Defendant delayed the performance of the obligation to the Plaintiff, the amount to be paid immediately shall be the rate agreed between the Plaintiff and the Defendant within the limit prescribed by law, and the damages for delay equivalent to the number of delayed days calculated on a daily basis. The overdue interest rate determined by the Plaintiff at the time is 24% per annum.

B. From June 1, 2015, the Defendant lost the benefit of time due to the delayed repayment of monthly installments. The loan principal remaining as of July 24, 2015 is KRW 82,775,00, and overdue interest is KRW 402,762.

[Ground of recognition] Facts without dispute, Gap 1 through 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 24% per annum from July 25, 2015 to the date of full payment, with respect to the loan principal of KRW 82,775,00,000, and the loan principal of KRW 82,775,00,000, which is the basis date for calculating the above loan.

3. If so, the plaintiff's claim is reasonable and it is so decided as per Disposition.