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Reasons
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(영문) 창원지방법원 2017.05.11 2016가합54964
대여금
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1. The Defendant shall pay to the Plaintiff KRW 30 million and KRW 260 million among them from December 19, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. On December 18, 2014, the Plaintiff leased the Defendant, whose maturity was fixed at two months after the end of the two-month period, but on March 6, 2016, the Plaintiff agreed to receive interest or delay damages calculated at the rate of 20% per annum from March 30, 2016 to December 15, 2017 (hereinafter “instant agreement”), among the Defendant and the Defendant, who had not been paid the interest amounting to KRW 260,000,000,000,000 from March 30 to December 15, 2017. However, if the interest or principal is in arrears once, the Plaintiff agreed to receive interest or delay damages calculated at the rate of 20,000 per annum from December 19, 2014 to the day of complete payment (hereinafter “instant payment”).

B. Around June 2016, the Plaintiff additionally lent KRW 40 million to the Defendant.

C. However, the Defendant did not perform the obligation to pay the principal in installments and the obligation to pay interest pursuant to the instant agreement, and the Defendant did not pay 40 million won borrowed around June 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3 (including virtual number) and the purport of whole pleading

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30 million won (=260 million won) and 260 million won among them interest or delay damages calculated at the rate of 20% per annum from December 19, 2014 to the date of full payment, and with respect to the remaining 40 million won, delay damages calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 18, 2016 to the date of full payment, each of which is the day following the delivery date of a copy of the complaint of this case.

3. Conclusion, the plaintiff's claim of this case is justified.

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