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(영문) 서울남부지방법원 2020.07.02 2020가단226913

대여금

Text

1. The defendant shall pay to the plaintiff KRW 42,027,247 and KRW 37,652,630 among them, per annum from February 5, 2020 to the day of full payment.

Reasons

Comprehensively taking account of the purport of each of the statements in Gap evidence Nos. 1 through 5, the plaintiff extended a loan of KRW 46,00,000 to the defendant on March 19, 2018 at an interest rate of KRW 15.9% per annum, overdue interest rate of KRW 24% per annum, and maturity of 60 months (hereinafter "the loan of this case"). The defendant delayed in paying the principal and interest of the loan of this case three times or more, and the plaintiff notified the defendant of his loss of profits under the credit transaction basic terms and conditions on September 4, 2019, and as of February 4, 2020, the principal and interest of the loan of this case to be paid to the plaintiff was KRW 42,027,247 (= principal amount of KRW 37,652,630, 630, interest rate of KRW 113,540, interest rate of KRW 1738,46,9389).

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the overdue interest calculated at the rate of 18.9% (Agreement interest rate of 3%) per annum for the plaintiff within the overdue interest rate from February 5, 2020 to the date of full payment.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.