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(영문) 서울중앙지방법원 2016.08.26 2015가단165902
대여금
Text

1. As to KRW 74,678,192 and KRW 761,00,00 among them, the Defendant shall pay to the Plaintiff KRW 774,678,192 from September 22, 2015 to October 12, 2015.

Reasons

1. Facts of recognition;

A. On March 4, 2011, the Plaintiff entered into a credit transaction agreement with the Defendant as of March 4, 201 with a credit company ordinary working fund, credit amount of KRW 870,000,000, interest rate of KRW 4.65% per annum, 21% per annum, and repayment date of KRW 870,00,000 to the Defendant.

Since then, the repayment date was extended on August 4, 2015.

B. The Defendant failed to repay 761,00,000 won in the balance of the borrowed money on the repayment date, and 10.65% in the next 31 days, and the delay rate of 11.65% in the next 11.65% in the next 31 days was applied, and the maximum delay rate determined by the Plaintiff after January 26, 2015 was changed to 15% per annum.

C. As of September 21, 2015, the Defendant’s balance of the borrowed amount is the principal of KRW 761,00,000, the agreed interest of KRW 2908,479, overdue interest of KRW 10,769,713, and the total of KRW 774,678,192.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 2 and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 774,678,192 and the principal amount of KRW 761,00,000,000, the Defendant is obligated to pay to the Plaintiff 11.65% per annum from September 22, 2015 to October 12, 2015, the delivery date of a copy of the complaint of this case, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as sought by the Plaintiff from the next day to the date of full payment.

Therefore, the plaintiff's claim is justified and accepted.

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