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(영문) 광주지방법원 2020.12.08 2020가단522841
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 67,905,139 and the amount of KRW 65,671,77 among these amounts, from May 20, 202 to the day of full payment.

Reasons

1. In fact, on February 21, 2017, the Defendant: (a) borrowed KRW 74,00,000 from the Plaintiff; (b) extended the loan maturity on August 21, 2017; (c) interest rate of at least 12 months as of the date of loan commencement; (d) interest rate of at least 1.4% as of the base rate of at least 12 months; (e) interest rate of less than three months; (c) interest rate of at least three months; and (d) interest rate of at least 8% as the loan interest rate of at least three months; and (e) the highest overdue interest rate of at least 15%;

The Defendant lost the benefit of time on November 26, 2019, and on May 19, 2020, the balance of the loan principal as of May 19, 2020 is 65,671,777 won, interest is 2,047,070 won, overdue interest and remaining accrued interest are 186,292 won in total, and the overdue interest rate is 12%.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum agreed from May 20, 2020 to the date of full payment with respect to KRW 65,671,777 won (=65,671,777 won) and KRW 186,292 of the principal and interest of the loan principal (=65,671,777 won).

Therefore, the plaintiff's claim of this case shall be accepted for the reasons and it is so decided as per Disposition.

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