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(영문) 인천지방법원 2014.12.12 2014가단218015
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,864,017 and KRW 23,719,671 among them, 29% per annum from May 8, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 4, 2013, the Plaintiff loaned KRW 25,900,00 to the Defendant at the loan rate of 36 months, loan interest rate of 19.9%, and delay damages rate of 29% per annum.

B. The Defendant did not pay monthly payments and lost the benefit of time on May 7, 2014. As of May 7, 2014, the Defendant’s obligation to return the loan was KRW 23,719,671, the remaining principal and interest, 2,402,612, and damages for delay totaling KRW 26,864,017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff a total amount of KRW 26,864,017 as well as KRW 23,719,671 as the principal amount of KRW 23,71,00,000,000 per annum under the agreement from May 8, 2014 to the date of full payment.

B. The defendant asserts that he was guilty, and even if the defendant acted as a defense of cancellation or invalidity of the defendant's assertion, the defendant was accused and revoked the above monetary loan contract against the plaintiff.

Since there is no evidence to acknowledge the circumstances such as the invalidity of the above monetary loan contract, the above argument by the defendant is without merit.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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