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(영문) 대전지방법원 2016.07.14 2015가단39118
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 25,717,248 and the amount of KRW 25,151,796 from October 27, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. On July 1, 2013, the Plaintiff loaned a loan of KRW 40 million to the Defendant at a variable interest rate, and the due date was July 1, 2018.

According to the terms and conditions applicable to the above loan contract, the loan interest rate of the above loan contract is 12.8% per annum and the delayed interest rate is 15% per annum.

However, the defendant did not pay the interest or overdue interest under the above loan contract more than twice and lost the benefit of the deadline on October 1, 2015.

As of October 26, 2015, the principal and interest of the loan contract at present is KRW 25,717,248 (=the principal and interest of the loan contract at KRW 25,151,796, interest rate of KRW 282,855, interest rate of KRW 244,831, interest rate of KRW 27,766).

B. Therefore, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 25,717,248 as well as the interest rate of KRW 25,151,796 as to the loan principal at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 27, 2015 to the date of full payment.

2. Article 208 (3) 3 of the Civil Procedure Act:

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