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(영문) 서울중앙지방법원 2014.08.19 2014가단28679
대여금
Text

1. The defendant shall pay to the plaintiff KRW 339,179,461 as well as KRW 220,00,000 among them, from December 6, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 7, 2009, the Japanese Savings Bank (former Mutual Savings Bank (former Mutual Savings Bank): (a) loaned to the Defendant KRW 220 million at interest rate of KRW 13% per annum; (b) 25% per annum; and (c) January 7, 2010, the due date for payment was extended on January 7, 2012.

B. After that, the Defendant lost a benefit due to overdue interest, and as of December 5, 2013, the Defendant bears the obligation to pay the principal and interest of KRW 339,179,461, including the loan principal of KRW 220 million, interest KRW 118,522,761, and the provisional payment amount of KRW 656,70,00, as of December 5, 2013.

C. The Japanese Savings Bank was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the trustee in bankruptcy.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum from December 6, 2013 to the date of full payment of the principal and interest calculated with respect to the principal and interest of KRW 339,179,461 as well as the principal and interest of KRW 220 million as the principal and interest of the loan, barring any special circumstance.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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