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(영문) 서울남부지방법원 2019.02.12 2018가단211246
대여금
Text

1. The defendant shall pay to the plaintiff 128,273,92 won and 126,404,226 won among them, from November 21, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 30, 2017, the Plaintiff: (a) determined and lent KRW 128.7 million as interest per annum; (b) 8.6% per annum; (c) 24% per annum for delay; and (d) monthly principal and interest repayment for 72 months to D; and (c) the Defendant jointly and severally guaranteed the foregoing loan obligations.

B. D) From September 25, 2017, the principal and interest of which were overduely forfeited, and the balance of the principal and interest of the loan as of November 20, 2017 is KRW 128,273,92 (including principal KRW 126,404,226).

[Ground of recognition] A without dispute, Gap 1 through 4, 6, 7, and 8, the overall purport of the pleadings [A evidence of installment financing], the purport of the whole pleadings (as the following stamp image of the defendant's name was reproduced by the defendant's seal imprint, the authenticity of such stamp image is presumed to have been established. However, the defendant asserted that the above stamp image was made without the defendant's intent, and there is no evidence to prove that the defendant's seal imprint was affixed by the defendant's seal imprint];

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed damages for delay calculated by the rate of 24% per annum from November 21, 2017, to the date of full payment, with respect to the total amount of KRW 128,273,92, and principal amount of KRW 126,404,226, among the above principal amount, to the Plaintiff.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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