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(영문) 서울중앙지방법원 2020.04.10 2019가단5282220
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 64,68,648 and KRW 63,575,591 from October 15, 2019 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) On September 6, 2017, the Plaintiff loaned a loan of KRW 93 million to the Defendant at the rate of 60 months of the loan period, the repayment of principal and interest in repayment method, the equal interest rate of 8.9% per annum, and the overdue interest rate of 25% per annum.

(2) The Defendant did not pay the principal and interest of the loan in arrears and lost the benefit of the term as stipulated in the loan agreement. Accordingly, on October 14, 2019, the total of 64,688,648 won (including principal 63,575,591) including the principal and interest of the loan to be repaid under the loan agreement as of October 14, 2019 remains.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleading

B. According to the above facts of recognition, the defendant is obligated to pay the principal and interest of the loan and damages for delay on principal and interest to the plaintiff.

2. As to the judgment on the Defendant’s assertion, the Defendant asserted that the principal and interest have been repaid without delay from the conclusion of the loan agreement in 2017 to August 2019, and it was difficult to repay the principal and interest due to the sudden business’s difficulty. However, the Plaintiff’s claim cannot be rejected solely on such circumstance.

3. Therefore, the Defendant is obligated to pay to the Plaintiff a total of KRW 64,688,648, and KRW 63,575,591, including the principal and interest of the loan, and damages for delay calculated at the rate of 25% per annum from October 15, 2019 to the date of full payment. Thus, the Plaintiff’s claim of this case is justified.

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