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(영문) 부산지방법원동부지원 2019.04.11 2018가단12508
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 176,661,96 and the amount of KRW 82,636,097 from October 20 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 31, 2012, the Plaintiff entered into a loan transaction agreement with the Defendant on a total of KRW 196,00,000,000, and on August 31, 2015, with interest rate of 12% (3% per annum) per annum on the expiration date of the loan period, and loaned KRW 196,00,00 to the Defendant.

B. As of October 19, 2018, among the above loans, the principal amounting to KRW 82,636,097, and the agreed and interest interest interest amounting to KRW 94,025,89 remains unpaid.

[Ground of recognition] Facts without dispute, Gap 1, 2 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 3% per annum from October 20, 2018, which is the day following the final calculation of the principal and interest of loan, to the remainder of 176,661,96 won in total, and the principal and interest of loan, and to the Plaintiff at the rate of 82,636,097 won in total.

In regard to this, the Defendant did not have any evidence to acknowledge that the loan transaction agreement of this case only lent its name.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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