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(영문) 인천지방법원 2018.10.18 2018나602
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On November 25, 2014, the Plaintiff loaned KRW 15,800,000 for the general household fund to the Defendant at the interest rate of KRW 1.2% per year (1.2% of the base interest rate for each period of one year (i.e., 30 days or less per year: the number of overdue days ¡¿ (6% of the overdue days x (6% of the overdue interest rate) / 365 days, ② the period of overdue interest 31 days or less but not more than 90 days: the number of overdue interest x (7%) / 365 days of overdue interest x (9%) / 365 days of overdue interest x (9%) / 365 days of the overdue interest x (9%) / November 11, 2015).

(hereinafter referred to as “the instant loan”). After that, the original and the Defendant extended the due date to November 11, 2016.

B. From September 25, 2016, the Defendant lost the benefit of time by delinquency in paying interest.

C. As of July 10, 2017, the principal amount of the instant loan is KRW 17,847,461 (i.e., the principal amount of KRW 15,80,000 with interest of KRW 695,785 with interest of KRW 1,351,676 with interest of KRW 15,80,000), and overdue interest rate is 10.89%.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal of the instant loan of KRW 17,847,461 and the principal of the loan of KRW 15,80,00,00 from July 10, 2017 to August 3, 2017, the service date of the original copy of the instant payment order, 10.89% interest rate per annum, and delay damages calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. On the judgment of the defendant's assertion, the defendant pays other debts in installments through the procedure of credit recovery support by the Credit Counseling and Recovery Service, which is alleged to the purport that the debt of this case should be processed in the procedure of credit recovery support. However, such circumstance alone alone does not change the content of the loan of this case or terminate the debt itself, and thus, the plaintiff's defense as to the claim of this case

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