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(영문) 수원지방법원 2018.09.20 2018가단3690

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 53,00,000 and the interest rate of KRW 20% per annum from July 26, 2017 to the day of complete payment.

Reasons

1. On February 5, 2014, the Plaintiff paid KRW 53,00,00 to the Defendant on the basis of the claim, with the maturity of KRW 53,00,00 on December 31, 2017, the interest shall be paid at 20% per annum, and the interest shall be paid at 20% per annum on December 31, 2017, and the Defendant agreed to the effect that if the Defendant fails to pay interest for at least two months, the benefit of the due date shall be lost, and the Defendant began to pay interest from June 25, 2017, and the fact that the interest has not been paid until now after the payment of the interest total of KRW 1,060,20 as of June 25, 2017 and July 25, 2017 may be recognized in full view of the overall purport of the pleadings in the evidence No. 1 through 3, and No. 1.

According to the above facts, the defendant has lost the benefit of the term for the above loan obligations. Thus, barring any special circumstance, the plaintiff is obligated to pay to the plaintiff the agreed interest rate of 20% per annum from July 26, 2017 to the day of full payment, as the plaintiff seeks, the above loan principal of 53,00,000 won and the above loan principal of 53,00,000 won.

2. As to the Defendant’s assertion, the Defendant asserted that the time of payment of interest was agreed with the Plaintiff on the 25th day of June, 2017 and that the interest was paid in total of KRW 1,060,200 on July 25, 2017. However, there is no evidence to prove that the time of payment of interest was changed to the 25th day of each month. The Defendant’s payment of each of the above interest was recognized, and the Plaintiff also sought interest from the next day of the last payment of interest. Therefore, the Defendant’s assertion is without merit.

3. According to the conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.