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(영문) 인천지방법원부천지원 2016.09.28 2016가단13118
대여금
Text

1. As to KRW 412,00,000 among KRW 561,507,186 and this money, the Defendant shall pay to the Plaintiff KRW 412,00,000 from March 24, 2016 to September 28, 2016.

Reasons

1. Basic facts

A. On May 20, 2009, the Plaintiff provided a loan to the Defendant with KRW 412,000,000 as the due date for payment and interest fluctuation rate (Article 3 (2) 2 of the Basic Terms and Conditions for Credit Transactions (hereinafter referred to as “AF”) on February 15, 2014.

The Defendant paid to the Plaintiff KRW 51,456,695 on April 22, 2013, and KRW 1,831,31 on June 14, 2013, respectively.

On July 2, 2013, the Defendant lost the benefit of time due to the overdue interest on the debt.

B. The Defendant’s loan obligations based on March 24, 2016 are KRW 561,507,186 in total with the principal and interest (i.e., principal amount of KRW 412,00,000 in total).

The rate of delay damages from March 1, 2015 stipulated in the above loan agreement is 12.41% per annum.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1 to 4, Eul evidence 1 to 4 (including branch numbers if there are branch numbers) and the purport of whole pleadings

2. According to the facts established prior to the determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 561,507,186 as the principal of the principal and interest of KRW 412,00,000,00, which is the principal. From March 24, 2016 to September 28, 2016, the Defendant has a duty to pay to the Plaintiff delay damages calculated at the rate of 12.41% per annum, which is the agreed delay damages rate, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date the judgment is rendered, from the following to the date of full payment.

(3) The Plaintiff’s claim is justified within the scope of recognition, and the remainder is dismissed. It is so decided as per Disposition by the assent of all participating Justices on March 24, 2016, while the Plaintiff claimed damages for delay calculated at the rate of 15% per annum from March 24, 2016 to the date of full payment. However, there is no evidence to acknowledge that damages for delay that the Defendant is liable to pay to the Plaintiff are 15% per annum.

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