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(영문) 수원지방법원 2020.12.09 2020가합20701
대여금
Text

1. The defendant's KRW 251,841,220 for the plaintiff and 6.5% per annum from May 12, 2020 to December 9, 2020 for the plaintiff.

Reasons

According to the statement in Gap evidence No. 1, it is recognized that the plaintiff entered into an agreement with the defendant on November 23, 2016 that the remaining 297 million won after deducting the advance interest and the interim payment from the total sum paid by the plaintiff from April 11, 2016 to October 13, 2016 shall be 6.5% per annum, and the due date shall be 6.5% per annum, and on December 31, 2017, it is recognized that the plaintiff received the above statement "amount of the repayment" from the defendant on the date stated in the separate sheet of calculation of the amount appropriated. The fact that the plaintiff received the payment of the amount stated in the column (35 million won paid on May 11, 2020 on behalf of the defendant Eul, the debtor of the defendant) has no dispute between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated at each rate of 251,841,220 won of the borrowed principal and 251,220 won of the borrowed principal remaining after the payment is made, as shown in the calculation table of the amount appropriated in the attached sheet, and the defendant is deemed reasonable to dispute as to the existence or scope of the obligation from May 12, 2020 on the date following the last repayment date of the decision of this case until December 9, 2020, the agreed interest rate of 6.5% per annum and 12% per annum under the Special Act on the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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