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(영문) 부산지방법원동부지원 2020.02.14 2019가단224452
대여금
Text

1. As to KRW 100,000,000 among the Plaintiff and KRW 50,000,000, the Defendant shall pay to the Plaintiff KRW 50,000 from July 26, 2019.

Reasons

According to the overall purport of Gap evidence Nos. 1 and 2 (including each number), and the entire purport of the pleadings, the defendant may recognize the fact that the defendant prepared and delivered the loan certificate with respect to the amount borrowed from the plaintiff, who was the branch of May 23, 2019, as follows, to the plaintiff.

Date of borrowing: 100,000,000 won for the amount borrowed on May 25, 2018

1. On May 25, 2018, the Defendant borrowed the said amount from the Plaintiff without any molding the Plaintiff, and promises to pay the principal and interest as follows:

Principal:

1. Repayment of KRW 50 million by July 25, 2019;

2. Interest of KRW 50 million until October 25, 2019: repayment of KRW 20 million until December 30, 2019;

2.The principal and interest of the method of performance of obligations shall be repaid with reference to, payment at the address of the plaintiff or remitted to the following deposit accounts at the designated date.

(hereinafter referred to as entry omitted)

3. (Amount of Damages for Delay) If the Defendant delays the repayment of the principal or interest, the Defendant shall pay to the Plaintiff damages for delay at the rate of 25% per annum for the delayed principal or interest.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 24% per annum from July 26, 2019 to October 26, 2019, the day following the second payment due date, for the principal amount of KRW 100,000,000 under the above loan certificate and KRW 50,000,000, which is the day following the second payment due date.

[Plaintiff does not claim interest KRW 20,00,000 on the above loan certificate in this case] If so, the Plaintiff’s claim in this case is reasonable, and thus, it is decided as per Disposition by the assent of all participating Justices.

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