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(영문) 서울중앙지방법원 2015.09.23 2015가단14806
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,821,657 as well as KRW 40,00,000 among them, from November 27, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On January 14, 2010, the Plaintiff extended a loan to the Defendant with KRW 40,00,000 as a general loan subject, interest rate of KRW 8.5% per annum (fixed interest rate), and the loan period of January 14, 2011, applying the minimum annual rate of 18% per annum, adding 9% to the above interest rate of overdue interest, and the highest annual rate of 21% per annum. If the period of overdue interest does not exceed one month, the above interest rate of overdue interest shall be the same, and if the period of overdue interest exceeds one month and exceeds three months, the above interest rate of overdue interest shall be applied by adding 1% to the above interest rate of overdue interest, and if the period exceeds three months, 2% shall be added to the above interest rate of overdue interest (hereinafter “instant loan”).

B. On January 14, 201, the above loan maturity date, the Defendant lost its interest due to failure to pay the above loan principal, and as of November 26, 201, the sum of the principal and interest of this case as of November 26, 2014 (=47,821,657 won) (i.e., interest of KRW 40,000,000 and interest of overdue interest of KRW 7,821,657).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, 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 17% per annum within the overdue interest rate calculated from November 27, 2014 to the date of full payment, as sought by the Plaintiff, within the agreed interest rate of 47,821,657 won (=interest of KRW 40,000,000 and interest of KRW 7,821,657 on overdue interest and interest of KRW 40,000 on the principal of the loan) as of November 26, 2014.

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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