beta
(영문) 전주지방법원 2019.12.10 2019가단21301

대여금

Text

1. The defendant shall pay to the plaintiff KRW 95,925,573 as well as KRW 95,884,83 as well as KRW 95,83 as a year from July 18, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff extended a loan to the Defendant as indicated in the following table:

Where the overdue period of 11% per annum is less than six months where the overdue period of 12% per annum is less than six months where the overdue period of 130,000,000 annual 3.9% per annum 13 months on October 24, 2016, the date and time loan interest rate for the overdue loan expires, and where the overdue period of 12% per annum is more than six months, the overdue period of 14% per annum is less than six months, and where the overdue period of 14% per annum is less than three months on October 24, 2016, where the overdue period of 11% per annum is less than six months, 14% per annum if the overdue period of 12% per annum is more than six months. < Amended by Presidential Decree No. 27814, Oct. 24, 2019>

However, the Defendant did not pay the interest of each of the above loans properly, thereby losing the benefit of time on January 24, 2018. As of July 17, 2019, the Defendant forfeited the benefit of time on January 24, 2018; ① as of July 17, 2019, the balance of the principal of the loan No. 46,428,00 won, interest balance of KRW 19,730, interest rate of overdue interest rate of KRW 76% per annum; ② the balance of the principal of the loan No. 2 loans No. 49,456,833, interest rate of KRW 21,010, interest rate of KRW 76% per annum.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 7.76% per annum, which is 7.76% per annum, from July 18, 2019 to the day of full payment with respect to the total amount of principal and interest of each of the above loans (i.e., KRW 46,428,00 won 19,730 won 49,456,833 won) and the total amount of principal and interest of each of the above loans (i.e., KRW 46,428,00 won 49,456,833 won).

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.