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(영문) 서울중앙지방법원 2014.08.19 2012가단329170
대여금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 142,861,587 and the amount of KRW 95,00,000 among them, from December 28, 201 to the date of full payment.

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a lending company registered with the competent authority in accordance with the Act on Registration of Credit Business, etc. and Protection of Finance Users. The Defendant is a person who borrowed money from the Plaintiff.

B. On January 20, 2009, the Defendant, from around 2002 to around several occasions, borrowed money from the Plaintiff, agreed to set the balance of the loan (the total amount of principal and interest) that has not been repaid by that time between the Plaintiff and the Plaintiff as KRW 95 million. (2) On January 20, 2009, the Plaintiff agreed with the Defendant as of January 20, 2009 that KRW 1.5 million of the principal of the loan between the Defendant and the Defendant, the due date of payment of KRW 22 million per annum on January 20, 2010, the overdue interest rate of KRW 34% per annum: Provided, That from June 20, 2009, the overdue interest rate of KRW 25% per annum is applied.

The principal shall be repaid in 8750,000 won per month after concluding a loan contract with the effect that the principal shall be repaid in installments for 12 months.

(4) On December 27, 2011, the Plaintiff paid the Plaintiff KRW 68,702,805 with the loan amounting to KRW 35,461, interest, KRW 58,67,344, principal, KRW 100,00 among the new loan amounting to KRW 15,500,000. The amount of the loan amount as of the above date is KRW 105,92,652 (= Principal KRW 9,500,000,000, KRW 105,000,000,000, and KRW 105,000,000,000,000 was paid to the Defendant as of December 1, 2009, KRW 105,922,652,000,000,000 with each of the loan amounting to KRW 105,5,000,000,000.

(hereinafter collectively referred to as “the instant Second Loan”). The interest rate on the first loan principal on March 2, 2009 at an overdue interest rate of KRW 26% per annum on March 2, 2010, which was the overdue interest rate of KRW 20 million on March 2, 2009. However, in the case of the second loan, the interest rate for the first loan was set at 49% per annum.

On May 11, 2009

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