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(영문) 서울중앙지방법원 2016.01.19 2015가단5290773
대여금
Text

1. The defendant shall pay to the plaintiff KRW 57,945,747 and KRW 50,000 among them, the amount of KRW 50,000 from May 27, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 8, 2008, the Defendant received a loan by setting the loan amounting to KRW 50 million at the rate of October 8, 2009, the interest rate of KRW 8.5% per annum, the minimum interest rate of KRW 16% per annum, and the highest rate of KRW 21% per annum from the Plaintiff.

B. The Defendant extended the loan period thereafter, and the end of the loan period was changed to 12.25% on October 4, 2014 (the loan interest rate was extended, and the overdue interest rate was changed to 12.25%, and the overdue interest rate is also changed. The overdue interest rate from July 9, 2014 to February 1, 2015 applies to 17% per annum, and 15% per annum from February 2, 2015 to February 2, 2015). The Defendant lost the interest payment period from July 9, 2014, one month after the payment date of interest.

C. The sum of the principal and interest of this case as of May 26, 2015 is KRW 57,945,747 (the principal of the loan = KRW 50,000 + interest and overdue interest + KRW 7,945,747).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual number), and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum of the overdue interest rate from May 27, 2015 to the date of full payment of the principal and interest of the instant case as of May 26, 2015, with respect to KRW 57,945,747, and the principal and interest of the loan of KRW 50,000,000,000,000,

3. Thus, the plaintiff's claim is accepted on the ground of its reasoning.

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