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(영문) 서울남부지방법원 2017.11.10 2016가단34728
대여금
Text

1. The defendant shall pay to the plaintiff KRW 67,43,060 as well as KRW 26,00,000 among them, from July 5, 2016 to the day of full payment.

Reasons

1. The fact-finding evidence Nos. 1 through 19-2 of the evidence No. 19-2 of the fact-finding (the defendant alleged that Gap evidence No. 5 (Application Form for Rent), Gap evidence No. 6 (Agreement on Rent), etc., but comprehensively takes account of Gap evidence No. 8 (Certificate of Seal Imprint), Gap evidence No. 9 (A's certified copy, certified copy), and Gap evidence No. 10 (resident registration certificate copy), etc., the defendant's direct signature and seal on each of the above documents, at least it is presumed that the above documents were prepared under the condition that the defendant directly affixed his/her right to represent the document holder, and no other evidence exists to reverse them) and the purport of the whole pleadings, etc., the plaintiff's lease of KRW 26,00,000 to the defendant on Feb. 19, 2010 with the interest rate of KRW 3% per month, May 19, 2010; the defendant's transfer registration was recognized as the maximum debt amount of the defendant's building No. 390.

2. Thus, the defendant is obligated to pay to the plaintiff the sum of the principal and interest of KRW 67,43,060 [the sum of interest or delay damages from February 19, 2010 to July 4, 2016 = 41,43,060 won [the sum of interest or delay damages from February 19, 2010 to July 4, 2016] ¡¿ 25% per annum sought by the plaintiff ¡¿ 25% per annum (six years + 137 days/366 days), and the sum of principal and interest of KRW 26,00,000] and damages for delay calculated at the rate of 25% per annum as claimed by the plaintiff within the agreed rate from July 5, 2016 to the day of complete payment].

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