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(영문) 서울중앙지방법원 2018.05.02 2018나4504
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The Defendant, upon receiving a loan of KRW 15,00,00 from the Plaintiff on July 27, 2016, agreed that ten months from the date of credit extension, repayment rate of KRW 18.3% per annum, interest rate of KRW 15,00 per annum, and interest rate of delayed damage rate of KRW 27.9% per month in the repayment method. The Defendant delayed repayment after March 15, 2017, lost its profits as of May 15, 2017, and lost its profits as of July 31, 2017, the remaining principal of the loan as of KRW 3,087,593, interest and delay damages amount of KRW 287,238 is not clearly disputed by the Defendant. Thus, it is deemed that the Defendant led to confession pursuant to Article 150(1) of the Civil Procedure Act.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 3,374,831 won (=3,087,593 287,238) and damages for delay calculated at the rate of interest rate of 27.9% per annum from August 1, 2017 to the date of full payment.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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