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(영문) 청주지방법원제천지원 2020.06.24 2020가단625
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and 15% per annum from January 1, 2019 to April 28, 2020.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. The Plaintiff partially dismissed seeks payment of interest from December 13, 2018, which is the date when a monetary loan for consumption was concluded.

However, the content of a monetary loan agreement between the Plaintiff and the Defendants stated that “the minimum amount of one million won as of the end of each month shall be repaid, but at least once in arrears, interest shall be added to the remaining amount until the time of default.” Therefore, it is reasonable to deem that the interest accrued from January 1, 2019, which is the next day, since Defendant B, the principal debtor, was unable to repay more than one million won on December 31, 2018, which is the first repayment date after the conclusion of a monetary loan agreement.

Therefore, the plaintiff's claim in excess of the above recognized portion is rejected.

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