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(영문) 광주지방법원 2016.12.23 2016가단26254
대여금
Text

1. As to the Plaintiff’s KRW 65,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 65,00,000 from February 24, 2008.

Reasons

1. Determination on the cause of the claim

A. According to the purport of each of the statements and arguments stated in Gap evidence Nos. 1 through 4, the plaintiff loaned money to the defendant as stated in the following table, the maturity date of each obligation is December 31, 2016, but if interest is overdue for at least two months, the benefit of time shall be lost, and the defendant has paid only KRW 13,350,000 to the plaintiff so far.

The interest on the lending date and the payment date of the loan amount of KRW 10,00,000 on January 24, 2008 (24 January 24, 2008) shall be KRW 10,000,000 on December 21, 2016 (20,000,000 on January 20, 2009) (each 20,000,000 won on December 31, 2016) KRW 40,00 on December 4, 200 (each 20,000,000 on December 31, 201).

Judgment

Therefore, since each of the above loans is deemed to have been lost due to the delayed payment of interest, the defendant paid 13,350,000 won to the plaintiff for the interest of the loan amounting to KRW 65,00,000 among the loans and KRW 10,000 among the loans and KRW 10,000 from February 24, 2008, and KRW 10,000 for the loan amount (as of January 20, 2009), which the plaintiff seeks, (as of January 20, 2009), since the payment date of interest, the defendant paid 13,350,000 won to the plaintiff for the interest for the period of December 20, 209, and the plaintiff did not raise any objection.

With respect to KRW 25,00,00, which the Plaintiff sought from November 20, 2012, KRW 25,000, the Plaintiff is obligated to pay interest and delay damages at the rate of 24% per annum from June 3, 2010 to June 17, 2016, which is the delivery date of the application for each of the instant payment order from June 3, 2010, and the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. It is so decided as per Disposition by admitting the Plaintiff’s claim according to the conclusion.

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