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(영문) 서울중앙지방법원 2018.04.13 2017나75936
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The assertion and judgment

A. Comprehensively taking account of the overall purport of arguments in Gap evidence No. 1 through 5 (including both separate numbers) as to the cause of the claim, the defendant agreed to pay damages for delay in accordance with the interest rate of 19% per annum on June 22, 2005 (the previous trade name): (1) around June 22, 2008, KRW 450,000 from the Nonghyup Bank Co., Ltd. (the National Agricultural Cooperative Federation) as the repayment date; (2) around February 25, 2008, KRW 40,000 as the repayment date; (3) around February 25, 2010; (4) within the maximum of 19% per annum; (5) interest rate of KRW 205 per annum on the loan; and (4) the loan amount of KRW 13.87% per annum on June 22, 2005; and (5) the loan amount of KRW 2015 per annum 208.165% per annum on the loan to the defendant

According to the facts found above, the Defendant: 61,154,689 won (i.e., the balance of principal and interest of 11,147,54 won as of Jun. 22, 2005) and 50,007,145 won in the balance of principal and interest of loans as of Feb. 25, 2008; and 8,851,627 won in the balance of loans as of Jun. 22, 2005; 13.87% per annum with interest rate in arrears from May 19, 2017 until June 7, 2017, the delivery date of the duplicate of the complaint of this case; 15% per annum from the next day to the date of full payment; 40% per annum from the date of February 25, 2008 to the date of full payment; 200,000 won per annum from 15.7% per annum from the date of the contract of this case.

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