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(영문) 서울북부지방법원 2020.06.18 2019나36972
양수금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 14,354,234 and KRW 10,272,746 among them.

Reasons

1. According to the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 7 (including the number of each branch number), C Co., Ltd. (hereinafter referred to as "C") shall grant a loan of KRW 39 months (including the grace period of three months), interest rate of KRW 23.9% per annum, and overdue interest of KRW 27.4% per annum, respectively, to the defendant on May 24, 2016, respectively.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest interest on each remaining loan (i.e., KRW 14,354,234 won (= KRW 10,272,746 won), KRW 1,742,356 won, KRW 2,000,000) and KRW 339,132 won, among which the Defendant’s claim is made within the scope of interest rate on each of the above overdue interest rates, 10,272,746 won from May 24, 2016 (i.e., the above agreed interest rate of KRW 23.9% from December 1, 2017 to the date of full payment, and 2,000 won from the day following the above agreed interest rate of KRW 23.9% from January 6, 2017 to the day of full payment; and (ii) the Defendant’s annual interest rate of KRW 2,000,00.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is part of the conclusion.

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