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(영문) 청주지방법원 2017.12.08 2017가단105036
건물명도(인도)
Text

1. The Defendant’s annual interest in KRW 19,85,980 and KRW 8,266,462 among the Plaintiff, from September 25, 2017 to November 21, 2017.

Reasons

1. According to the evidence evidence Nos. 1 through 5, the Plaintiff and the Defendant entered into a credit transaction agreement with the Defendant on August 21, 2015, stipulating that the Plaintiff loans 24.6 million won to the Defendant on August 21, 2017 as of August 21, 2017. In the said credit transaction agreement, the Plaintiff and the Defendant entered into a credit transaction agreement with the Plaintiff and the Defendant on August 25, 2017, the interest rate shall be 12.5% per annum until the expiry date of the credit. The interest rate for delay shall be calculated by adding the interest rate for each overdue period to the agreed interest rate, but the interest rate for delay shall be calculated by adding the interest rate for each overdue period to the agreed interest rate for less than three months, 10% per annum, and 12% per annum if the overdue interest rate for each overdue period is less than three months but more than six months. However, the Defendant did not recognize the fact that the Plaintiff extended the principal to the Defendant on September 25, 2017.

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the remainder of the principal and interest of KRW 19,85,980 (i.e., KRW 8,266,462 won) and the amount of KRW 8,266,462, which is the principal of the loan, to the Plaintiff, 20.5% per annum from September 25, 2017 to November 21, 2017, which is the day following the last calculation date of damages for delay, 20.5% per annum from September 25, 2017 to November 21, 2017; and 22.5% per annum from the following day to February 21, 2018; and damages for delay calculated at 24.5% per annum from the next day to the date of full payment.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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