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(영문) 청주지방법원제천지원 2016.08.24 2016가단864

대여금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 35,226,128 and KRW 32,148,218 among them, from February 11, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff lent money to the Defendant as follows:

1) On August 17, 2009, KRW 5,000,000 due date, August 13, 2014, interest rate of KRW 7.3% per annum within the due date, and maximum interest rate of KRW 18% per annum (hereinafter “loan 1”).

(2) 2) On September 1, 2009, KRW 5,000, KRW 7.3% per annum within the due date on August 27, 2014, KRW 18% per annum on the maximum interest rate on delay (hereinafter “instant loan”) 3) October 25, 2012, KRW 50,000 per annum on October 25, 2012, KRW 6.2% per annum within the due date on September 25, 2017, and KRW 18% per annum on the maximum interest rate on delay (hereinafter “instant loan 3”). Specific applicable interest rate shall apply to the Plaintiff’s interest rate changed at the time of application (hereinafter “instant loan”).

A person shall be appointed.

B. On July 13, 2014, the Defendant delayed the payment of interest on each of the above loans, thereby losing the interest on each of the loans to a third party on July 13, 2014; on June 27, 2014; and on the third loan, on August 25, 2015, respectively.

C. The Defendant repaid part of the debt of this case, and at present, the debt of this case is KRW 35,226,128 (i.e., the principal and interest of the debt of this case 405,580 (i.e., the principal and interest of the debt of this case 1 borrowed 34,277,518) and the principal and interest of the debt of this case 2 borrowed 32,148,218 (i.e., the principal and interest of the debt of this case 3 borrowed 34,277,518) and the principal and interest of the debt of this case 32,148,218 (i.e., the principal and interest of the debt of this case 1 borrowed 312,000 won (the principal and interest of the debt of this case 3 borrowed 31,420,218 won) from February 11, 2016 to the day of full payment).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the facts acknowledged in the foregoing 1., the Defendant is obligated to pay to the Plaintiff 35,226,128 won in total with the principal and interest of each of the instant loans, and damages for delay at the rate of 18% per annum from February 11, 2016 to the date of full payment.