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(영문) 서울중앙지방법원 2015.11.25 2015가단50680
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,524,749 as well as KRW 24,30,000 among them, from November 18, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 25, 2008, the Plaintiff made a loan (hereinafter “instant loan”) to the Defendant by setting the interest rate of KRW 27,000,00 under the pretext of KB Rental Housing loan, interest rate of KRW 1.31,00 (MOR 1.31%) and period of loan by April 20, 2014. The interest rate for delay was set to add a certain interest rate according to the period of delinquency pursuant to Article 3 of the General Terms and Conditions for Credit Transactions (hereinafter “instant loan”).

B. From December 15, 2013, the Defendant lost the interest due to the delinquency in paying the principal and interest of this case from around December 15, 2013, and as of November 17, 2014, the sum of the principal and interest of this case as of November 17, 2014 (i.e., KRW 27,524,479 (i.e., interest rate of KRW 258,280,00,000, interest rate of KRW 2,966,465), and the interest rate of arrears after November 18, 2014 is 14.68% per annum.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 3, purport of 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 14.68% per annum, which is the overdue interest rate from November 18, 2014 to the date of full payment, as to the sum of the principal and interest of this case as of November 18, 2014, and KRW 27,000,000 of the principal and interest of the loan, as of the base date of calculation of the final interest.

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

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