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(영문) 서울중앙지방법원 2017.12.07 2017나54120
대여금등
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

Facts of recognition

On October 29, 2008, the Defendant concluded a monetary loan agreement with the Plaintiff to borrow KRW 19,000,000 from the date of final repayment on October 29, 2012 and at the rate of 8.5% per annum, and received from the Plaintiff around that time the Defendant received KRW 19,00,000,00 (hereinafter “instant loan”).

As of February 3, 2017, the Defendant repaid the Plaintiff KRW 25,50,767, total of KRW 18,514,877, interest, etc., 6,985,890.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff interest and delay damages calculated at the rate of 8.5% per annum as stipulated in the above monetary loan agreement from February 4, 2017 to March 3, 2017, with respect to the total amount of interest of the loan of this case 25,500,767 won and the principal amount of 18,514,877 won among them, which are the delivery date of a copy of the complaint of this case, and the interest and delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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