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(영문) 서울중앙지방법원 2017.06.30 2017가단27745
대여금
Text

1. The Defendant’s KRW 63,348,59 and KRW 38,00,00 among the Plaintiff’s KRW 63,348,59 and the Plaintiff’s annual period from September 11, 2013 to December 31, 2014.

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole arguments, the plaintiff loaned interest rate of 36% per annum to the defendant around May 7, 2009 and the maturity of 38 million won to the defendant on May 7, 2011, and the plaintiff's failure to repay the above loan amounting to 97,479,890 won (i.e., the principal amount of 38 million won until September 10, 2013). It is recognized that the plaintiff applied for a voluntary auction with the amount of the loan amounting to 97,479,890 won (i.e., the interest rate of 57,479,890 won until September 10, 2013) and appropriated it for the repayment of the interest obligation.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff interest of KRW 63,348,59 (= principal interest of KRW 25,348,599 (= KRW 57,479,890 - KRW 34,131,291)) and to pay damages for delay calculated at the rate of 36% per annum from September 11, 2013 to December 31, 2014, which is the day following the dividend day, to the day after December 31, 2014, as requested by the plaintiff, from the next day to the day after full payment.

If so, the plaintiff's claim is reasonable and acceptable.

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