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(영문) 수원지방법원 성남지원 2018.06.20 2018가단1314
대여금
Text

1. The defendant shall pay to the plaintiff KRW 32,387,66 and KRW 30,117,219 among them, per annum from January 3, 2018 to the date of full payment.

Reasons

The following facts are not disputed between the parties, or may be acknowledged by adding the whole purport of the pleadings to the statements in Gap 1 and 2.

① On November 25, 2016, the Plaintiff agreed that the principal and interest shall be repaid in equal installments on the 25th day of each month by setting the period of KRW 33 million to November 25, 2021, with the interest rate and overdue interest rate of KRW 27.9% until November 25, 2021.

② As of January 2, 2018, the Defendant lost a due date due to delay in paying the principal and interest of the loan, and as of January 2, 2018, the sum of the principal and interest of the loan remains 32,387,666 won (the principal 30,117,219 won among them).

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 32,387,66 won in total and the principal amount of 30,117,219 won in total and 27.9% per annum as agreed from January 3, 2018 to the date of full payment, barring any special circumstances.

In this regard, the defendant asserts to the effect that since the Busan District Court 2018 Busan District Court 2018 Ma11900 received it, the plaintiff cannot respond to the plaintiff's claim.

However, the circumstances alleged by the Defendant do not affect the existence of the Plaintiff’s above loan obligations against the Defendant and the instant litigation procedure, and thus, the Defendant’s assertion is difficult to accept.

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

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