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(영문) 서울중앙지방법원 2016.04.05 2015가단5319599
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 49,974,755 and KRW 30,468,123 among them, from June 29, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On July 12, 2007, the Plaintiff entered into a loan transaction agreement with the Defendant setting the loan amount of KRW 30 million, the repayment date on July 7, 2008, and the compensation rate for delay at 19% per annum. The said agreement was extended by July 7, 201.

(hereinafter “instant loan agreement”). (b)

Under the instant loan contract, the Defendant agreed to pay the agreed interest rate on delay or delay damages in accordance with the interest rate determined by the Plaintiff when the Defendant fails to perform his/her obligation on the expiration date of the loan period or loses the benefit of the time limit. The overdue interest rate determined by the Plaintiff is 15% per annum from January 30, 2015.

C. Although the term under the instant loan contract expired, the Defendant delayed the payment of principal and interest, and did not pay KRW 30,468,123 of the loan principal as of June 28, 2015, delay damages until December 23, 2013, which is the day immediately preceding the date when the special bond was acquired, as of December 23, 2013, KRW 12,138,590 of the loan principal as of June 28, 2015, and delay damages from June 28, 2015 to June 28, 2015.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. According to the facts of recognition of the above obligation to pay the principal and interest of loan, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by an agreement of 15% per annum from June 29, 2015 to the day of full payment, with respect to the total amount of principal and interest of loan 49,974,755 won under the loan agreement of this case and the balance of principal of loan 30,468,123 won.

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

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