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(영문) 서울중앙지방법원 2017.04.26 2017가단5015044
대여금
Text

1. The defendant's KRW 67,690,537 and its weight to the plaintiff

(a) As regards KRW 12,191,148, the full payment shall be made from January 6, 2017.

Reasons

1. Basic facts

A. On October 23, 2008, the Plaintiff: (a) on October 23, 2008, lent KRW 9,300,000 to the Defendant as of the loan curriculum, interest rate of 7.0% per three months CD interest rate; (b) annual interest rate of 18%; and (c) due date of repayment on October 27, 2013.

(2) As of January 5, 2017, the principal and interest of the above loan obligation as of January 5, 2017 (i.e., the principal amount of KRW 3,259,479 (i.e., the interest of KRW 1,894,965 and delay damages)

B. On November 17, 2010, the Plaintiff: (a) lent KRW 15,800,000 to the Defendant as of November 17, 2010, KRW 15,800 to the Defendant on a loan basis, interest rate of 10.5% per three-month CD interest rate; (b) annual interest rate of 18% per annum; and (c) due date of repayment on November 27

(hereinafter referred to as “second loan”. As of January 5, 2017, the principal and interest of the above loan obligation as of January 5, 2017 is the principal amount of KRW 17,724,571 in total (i.e., principal amount of KRW 10,296,183 and delay damages amount of KRW 7,428,38).

C. On September 1, 2009, the Plaintiff: (a) lent KRW 25,00,000 to the Defendant as of September 1, 2009, KRW 25,000,000 for loaned loan for work; (b) interest rate of 5.2% per three-month CD interest rate; (c) interest rate of 17.89% per annum; and (d) due date of repayment

hereinafter referred to as the "third loan";

(4) As of January 5, 2017, the principal and interest of the above loan obligation is KRW 42,429,143 in total (i.e., principal and interest of KRW 25,00,000 and interest of KRW 17,429,143 in total). D. The Plaintiff entered into a credit card use contract with the Defendant around August 1, 2008 and issued a credit card and used it. As of January 5, 2017, the principal and interest of the above credit card payment obligation are KRW 4,05,005,04 in total (i.e., principal and interest of KRW 1,940,576 in interest and interest of KRW 2,114,428 in interest). Meanwhile, the Plaintiff paid KRW 235,100 in expenses for preserving each of the above claims, and the Plaintiff did not recover KRW 702,720 in total and did not have any dispute over the purport that the Plaintiff did not recover and recover.

2. According to the above facts as to the cause of the claim, the defendant is against the plaintiff.

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