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(영문) 서울서부지방법원 2018.05.30 2017가단228192
대여금
Text

1. The Defendant: (a) KRW 81,808,350 for the Plaintiff and KRW 30% per annum from September 29, 2007 to July 14, 2014; and (b) July 15, 2014 for the Plaintiff.

Reasons

1. The facts that the Plaintiff loaned KRW 100,00,000 to the Defendant on November 16, 2004, with interest rate of KRW 3% per month and the due date of repayment on December 16, 2005, are not in dispute between the parties. The Defendant’s repayment of the money indicated in the “payment Date” column in the attached Table of Repayment Statement from August 3, 2005 to September 28, 2007 is the Plaintiff.

According to this, the amount repaid by the Defendant as above is appropriated for interest, delay damages, and principal as stated in the “Appropriation of Interest and Damages for Delay” column and “the original appropriation” column in the attached Form (the interest and damages for delay shall be calculated within the scope of the maximum interest rate prescribed by the Interest Limitation Act, as of June 30, 2007, and the principal shall remain 81,808,350 won as of September 28, 2007 as of September 28, 2007.

Therefore, as requested by the Plaintiff, the Defendant is obligated to pay damages for delay calculated at each rate of 30% per annum from September 29, 2007 to July 14, 2014, 25% per annum from July 15, 2014 to February 7, 2018, and 24% per annum from February 8, 2018 to the date of full payment, as sought by the Plaintiff.

2. The defendant's defense is proved to the purport that the defendant paid the principal and interest of the above loan in addition to the partial repayment as above. However, there is no evidence to acknowledge that the defendant paid the additional repayment as alleged.

Therefore, the defendant's defense is without merit.

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

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