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(영문) 수원지방법원 2019.05.24 2018가단560308
대여금
Text

1. The defendant shall pay 156,811,000 won to the plaintiff and 18% per annum from February 4, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 27, 2012, the Plaintiff agreed to lend KRW 57,437,00 to the Defendant at interest rate of 5% per annum and on January 27, 2013. However, the Plaintiff agreed to pay damages for delay calculated at the rate of 18% per annum if the Plaintiff fails to pay the amount by the due date.

(hereinafter referred to as “the instant loan 1,” and the said loan contract is “the instant one contract”). B.

After January 27, 2012, the Plaintiff agreed to lend KRW 114,874,00 to the Defendant by setting the interest rate of KRW 5% per annum, due date, and February 3, 2013. However, the Plaintiff agreed to pay damages for delay calculated at the rate of 18% per annum if the Plaintiff did not pay the same by the due date.

(hereinafter referred to as “instant second loan,” and the said loan contract is “instant second contract,” C.

The Defendant did not repay the Plaintiff the instant loans Nos. 1 and 2, despite the lapse of the due date under the instant contract Nos. 1 and 2.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay 156,81,000 won (i.e., total amount of KRW 57,437,874,000) out of the total amount of loans (i.e., KRW 114,874,000) of KRW 172,311,00, and damages for delay calculated at the rate of 18% per annum, which is the interest rate for delay from February 4, 2013 to the date of full payment, sought by the Plaintiff from February 4, 2013 to the date of full payment.

3. In conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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