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(영문) 수원지방법원성남지원 2015.12.22 2015가단217637
대여금
Text

1. The defendant shall pay to the plaintiff KRW 36,505,239 and KRW 21,445,162 among them, per annum from July 8, 2015 to the date of full payment.

Reasons

The following facts shall be deemed to have been led by the defendant under Article 150(3) of the Civil Procedure Act, or shall be recognized by each description of evidence A1 and 2.

① On July 13, 2012, the Plaintiff provided loans to the Defendant at the rate of 25 million won on July 15, 2017, interest rate of 26.2% per annum, and 38.2% per annum.

② At that time, the Defendant agreed to delay the payment of the principal and interest of the above loan, thereby losing the benefit of time.

③ However, the Defendant delayed the payment of the principal and interest of the above loan and lost the benefit of time, and as of July 7, 2015, the principal and interest of the above loan still remains 36,505,239 won (the principal and interest of the loan were 21,445,162 won).

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 38.2% per annum, which is the agreed interest rate from July 8, 2015 to the date of full payment, as to the principal amount of KRW 36,505,239 and the principal amount of KRW 21,445,162.

Therefore, we decide to accept the plaintiff's claim and it is so decided as per Disposition.

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