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(영문) 서울중앙지방법원 2020.06.19 2020가단5011523
대여금
Text

1. The Defendant’s KRW 1,132,385,247 and KRW 736,40,00 among the Plaintiff’s KRW 736,40,00 shall be from November 7, 2019 to December 6, 2019.

Reasons

1. The Plaintiff entered into a loan agreement with the Defendant (hereinafter “each of the instant loan agreements”) as indicated in Table 1 below, and paid the loan. According to each of the instant loan agreements, where the Defendant is in arrears for less than three months, 17% per annum if the overdue period is less than three months, and where the overdue period exceeds three months, 19% per annum, the overdue interest calculated by the Plaintiff within the maximum of 19% per annum. In the event the overdue period from March 4, 2015 does not exceed one month, the Plaintiff shall pay the overdue interest calculated by applying the overdue interest rate of 6% and 15%, and where the overdue period is less than three months, the lower interest rate of 7% and 15%, and where the overdue period is less than three months, the lower interest rate of 10% and 15%, whichever is less than three months, the lower interest rate of 8% and 15% per annum 20% per annum 27% per annum, and the Plaintiff’s respective interest rate of 13% and 15% per annum 25% per annum.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 1,132,385,247 and the amount of KRW 736,40,00,00 from November 7, 2019, which is the following day of the above basic date, to the service date of the application for the payment order of this case, 7.01% per annum, which is the overdue interest rate determined by the plaintiff, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

Table 1. Table 2

2. The defendant's assertion and judgment

A. The defendant's assertion is to remove the apartment on the land outside Yongsan-gu Seoul Metropolitan Government and new one.

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