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(영문) 대전지방법원천안지원 2016.08.10 2016가단105134
약정금
Text

1. The defendant shall pay to the plaintiff KRW 28,263,053 and KRW 27,266,630 among them to the day of full payment.

Reasons

1. Facts of recognition;

A. On April 24, 2015, the Plaintiff entered into an agreement with the Defendant on the loan principal of KRW 30,00,000, annual interest rate of KRW 14.4%, annual interest rate of KRW 36 months, monthly principal and interest of KRW 1,031,160, annual equal repayment method, annual rate of delay interest rate of KRW 25% at the time of 30 days in arrears, annual interest rate of KRW 30,000, annual interest rate of KRW 29% per annum when the number of overdue days exceeds 30 days in arrears (loan).

(hereinafter “instant loan agreement”). B.

On September 15, 2015, the Defendant lost the benefit of time on November 2015, beginning with the overdue repayment of the principal and interest of the loan.

The balance of the base loan on November 23, 2015 is a total of KRW 28,263,053 (= Principal KRW 27,266,630, interest KRW 921,248, KRW 75,175).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum as requested by the Plaintiff, with respect to KRW 28,263,053 of the principal and interest of KRW 27,266,63 of the principal and interest of KRW 27,630 of the principal, barring special circumstances, within the agreed interest rate from November 24, 2015 to the date of full payment.

In regard to this, the defendant asserts to the effect that the plaintiff is expected to recover part of the loans by selling the above automobile by public auction, and that it should be considered. However, there is no evidence to acknowledge that the plaintiff recovered the loans through the public auction as of the date

The defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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