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(영문) 부산지방법원 서부지원 2018.12.19 2018가단10041
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 39,50,000 and the interest rate of KRW 15% per annum from August 30, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 22, 2015, the Plaintiff agreed to lend KRW 40,000,000 to the Defendant, but the principal shall be repaid within 27 months each month, and the interest shall be paid at the rate of 5% per annum per month.

(hereinafter “instant loan agreement”). B.

Article 4(1) of the Loan Agreement provides that if the Defendant has delayed payment of the principal and interest of the loan of this case on at least two occasions, the Defendant shall lose the benefit of all the remainder of the principal and interest.

C. After the instant loan agreement, the Defendant paid only KRW 500,000 out of the loan principal to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 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 39,50,000 won (40,000,000 won - 500,000 won) and damages for delay calculated by the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from August 30, 2018 to the date of full payment, as the plaintiff seeks.

3. The defendant's argument regarding the defendant's assertion argues that since the defendant used both the loan of this case for the plaintiff's son and agreed that C shall be responsible for the return of the above loan, it cannot respond to the plaintiff's claim. However, as seen above, the defendant borrowed KRW 40,000 from the plaintiff as above.

Therefore, the defendant's argument is not correct.

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

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