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(영문) 창원지방법원거창지원 2016.05.17 2016가단10280
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,30,00 and the amount of KRW 17,30,000,000 from September 26, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. On October 2, 2013, the Plaintiff: (a) determined that the Defendant’s interest rate of KRW 25 million is 2% per month; and (b) the period of repayment is 5 years from the next day; and (c) determined that the Defendant’s interest would lose the benefit of the period when the Defendant did not pay the interest for at least three months.

As the Defendant did not pay interest for more than three months, the Plaintiff notified the Defendant that the benefit of time would be lost.

By September 25, 2015, the Defendant repaid the Plaintiff the principal amount of KRW 7.7 million out of the borrowed amount.

B. On August 22, 2013, the Plaintiff lent KRW 20 million to C, and at the time, the Defendant guaranteed C’s obligation to borrow money.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the agreed interest calculated at the rate of 24% per annum from September 26, 2015 to the date of full payment as to the loan and deposit amount of KRW 37,30,000 [the remaining loan amount of KRW 17,30,000 (= KRW 25,000,000) - KRW 27,77,000)] and the loan amount of KRW 17,30,000,000,000,000 from March 29, 2016 to the date of full payment, and as to KRW 20,000,000,000,000 from March 29, 2016 to the date of full payment.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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