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(영문) 대구지방법원 2016.04.26 2015가단124528
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,578,990 and KRW 23,166,260 among them, 25% per annum from October 2, 2015 to the date of full payment.

Reasons

1. On November 13, 2014, the Plaintiff entered into an installment financing agreement with the Defendant on the condition that the amount of KRW 25,800,000 should be repaid in equal installments of the principal and interest at KRW 60 months per annum, interest rate of KRW 5.9% per annum, and interest rate of KRW 25% per annum, respectively, and the repayment method of KRW 497,580 per annum on the 21st day of each month.

On July 21, 2015, the Defendant lost the benefit of time due to the overdue payment. On October 1, 2015, the principal of the loan unpaid as of October 1, 2015 is KRW 23,16,260, interest KRW 371,590, interest KRW 41,140, fee for delay, KRW 330,140, fee for delay, and KRW 39,174.

【Reason for Recognition】 Each entry of Evidence Nos. 1 through 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 23,578,990 won (the principal amount of KRW 23,166,260 interest of KRW 371,590 interest of KRW 371,140 interest of KRW 371,590 interest of KRW 41,140 interest of the above fees and expenses, but the plaintiff excluded the above fees and expenses from the principal claim) and the damages for delay calculated by the rate of 25% per annum from October 2, 2015 to the date of full payment.

3. In conclusion, the plaintiff's claim against the defendant of this case against the defendant is accepted on the grounds of merit, and it is so decided as per Disposition.

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