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(영문) 수원지방법원안산지원 2015.10.02 2015가단4078
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,827,820 as well as KRW 35,00,000 from October 15, 2014 to the day of full payment.

Reasons

1. In addition to the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1 through 6, the plaintiff loaned 35,00,000 won to the defendant on March 16, 2011 on a yearly repayment rate of 6.65% per annum, and delay delay delay rate of 18% per annum. The plaintiff shall repay the defendant at the time of the above lending in full on March 16, 2014. The interest rate agreed to pay within one month from the first date of lending, the subsequent interest rate within one month from the last date of calculating the interest immediately preceding lending, according to Article 7 (2) 2 of the General Terms and Conditions for Credit Cooperatives Credit Transactions applicable to the above lending, the interest rate of 35,00,000 won may be reduced by 35,00 won or more per annum, and the above interest rate shall be reduced by 305,000 won or more per annum 15,2013.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the sum of KRW 44,827,820 (i.e., KRW 35,00,000, KRW 3875,650, KRW 5,952,170) and damages for delay calculated at the rate of 18% per annum from October 15, 2014 to the date of full payment of the principal.

2. The defendant's assertion

A. The Plaintiff and the Defendant asserted that the Plaintiff’s assertion seeking the above loan and the damages for delay is unfair on the premise that the above loan and the damages for delay are lost, since there was no agreement to lose the benefit of the time when the obligation to return the principal and interest of the above loan were delayed once.

However, there is no evidence to acknowledge this, and rather, A.

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