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(영문) 서울중앙지방법원 2020.12.28 2020가단5182555
대여금
Text

The defendant shall pay to the plaintiff KRW 163,660,88 and KRW 39,760,000 from January 20, 2020 to the day of full payment.

Reasons

1. The grounds for the plaintiff's claim are as shown in the annexed sheet.

2. The plaintiff's assertion does not conflict between the parties, or can be acknowledged by comprehensively taking account of the entries in Gap's evidence Nos. 1 through 5 and the whole purport of oral proceedings.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 14.26% per annum, which is the delayed interest rate, from January 20, 2020 to the date of full payment, for the amount of KRW 163,660,88 and the amount of KRW 39,760,000, which is the sum of the principal and interest unpaid to the Plaintiff, from January 20, 2020 to the date of full payment, for the amount of KRW 1,250,00, which is the agreed interest rate of KRW 12.85% per annum, which is the delayed interest rate, from January 20, 2020 to the date of full payment, from January 20, 2020 to the date of full payment.

Although the defendant asserts that C, the representative of the defendant, was declared bankrupt and exempted from immunity, such circumstance does not constitute a ground to block the plaintiff's claim, and therefore, it is without any need to examine the plaintiff's claim.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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