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(영문) 서울남부지방법원 2017.06.23 2016가단33428
대여금
Text

1. The defendant shall pay to the plaintiff KRW 75,719,672 as well as KRW 26,00,000 among them, from July 5, 2016 to the day of full payment.

Reasons

According to Gap evidence Nos. 1 through 20, on February 19, 2010, the plaintiff lent KRW 26 million to the defendant on May 19, 2010 as interest rate of KRW 3%, maturity of payment on May 19, 2010. On February 19, 2010, the registration of ownership transfer was completed in the defendant's future with respect to the building Nos. 1301 (hereinafter "the real estate in this case"), which was located on February 19, 2010, and on the same day, the mortgage holder, the debtor, the defendant, the maximum debt amount of KRW 39,00,000, and there is no counter evidence.

According to the facts found above, the Defendant is obligated to pay the Plaintiff the interest on the borrowed principal and the interest or delay damages up to July 4, 2016 [the total amount of interest or delay damages up to 49,719,672 won from February 19, 2010 to July 4, 2016 [the amount of interest or delay damages up to 26,00,000 won from February 19, 2010 to July 4, 2016] (=26,00,000 won + (6 years + 30% per annum (137/366 days from February 19, 2016 to July 4, 2016)]; and damages for delay calculated at the rate of 30% per annum from July 5, 2016 to the date of full payment];

Thus, the plaintiff's claim of this case is justified and accepted.

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