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(영문) 인천지방법원부천지원 2016.09.07 2016가단107860
대여금
Text

1. The Defendant’s annual period from March 28, 2016 to September 7, 2016, as to KRW 349,072,492 and KRW 220,000 among them, to the Plaintiff.

Reasons

1. Basic facts

A. On September 8, 2008, the Plaintiff granted a loan of KRW 220,00,000 to the Defendant on February 13, 2012 at the maturity rate of KRW 0.95% for interest MCR.

On June 16, 2012, the Defendant lost the benefit of time due to the overdue interest on the above loan obligation.

B. The Defendant’s loan obligations based on March 27, 2016 are KRW 349,072,492 in total with the principal and interest (i.e., principal amount of KRW 220,000,000 in total).

[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 4 (including branch numbers for those with branch numbers), the purport of whole pleadings

2. According to the facts acknowledged prior to the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 349,072,492 as principal and interest of KRW 220,00,00,00, which is the principal and interest of KRW 349,072,492, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 28, 2016 to September 7, 2016, for which the Plaintiff seeks to claim as to the existence and scope of the obligation of this case from March 28, 2016.

(A) The Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum from March 28, 2016 to the date of full payment. However, as alleged by the Plaintiff, the Plaintiff did not submit evidence to calculate damages for delay at the rate of 15% per annum, as otherwise alleged by the Plaintiff.

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