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(영문) 서울남부지방법원 2015.04.29 2015가단6986

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 91,49,703 and KRW 88,990,463 among them, from February 7, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of claim

(a) Facts below the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to the statements in Gap evidence 1 to Gap evidence 4.

(1) On August 25, 2014, the Plaintiff entered into a contract with the Defendant for the acquisition of B UD motor vehicles for a period of 60 months and for the use of B UD motor vehicles for which the lease fee of KRW 91,138,370 was paid in 1,67,943 each month by dividing the lease fee of KRW 91,138,370 as 60 months.

(2) Since November 25, 2014, the Defendant lost the benefit of time due to the delayed payment of rent, the said contract was terminated at that time by the Plaintiff’s declaration of intent on February 5, 2015. Accordingly, the Defendant’s payment of the unpaid principal was KRW 88,990,463 as of February 6, 2015 and interest accrued at the rate of 24% per annum or interest accrued thereon.

B. Accordingly, the Defendant is obligated to pay the Plaintiff the overdue interest calculated at the rate of 24% per annum from February 7, 2015 to the date of full payment, which is the day following the calculation of the last overdue interest for KRW 91,49,703 and KRW 88,90,463.

2. Therefore, we accept the Plaintiff’s claim.