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(영문) 서울중앙지방법원 2015.07.15 2015가단89510
대여금
Text

1. The defendant shall pay to the plaintiff KRW 24,492,289 and KRW 23,240,525 among them, per annum from January 21, 2015 to the day of full payment.

Reasons

On April 24, 2013, the Plaintiff lent interest KRW 40 million to the Defendant 21.9% per annum, delay damages, 31.9% per annum, 36 months from May 25, 2013 to 36 months from repayment method, 25th day of each month, and 25th day of repayment. The Defendant notified the Defendant of the loss of interest within the period of December 26, 2014 due to the Plaintiff’s failure to repay the remainder after October 25, 2014. The Plaintiff’s principal and interest amount as of January 20, 2015 are KRW 24,492,289, and the principal amount is 23,240,525 won as of January 20, 2015. The Plaintiff’s assertion that it was not clearly disputed by the Defendant, and thus, can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the items as to Party A1 through 5.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 31.9% per annum, which is the agreed damages for delay, from January 21, 2015 to the date of full payment, with respect to the principal and interest of KRW 24,492,289 and KRW 23,240,525 among them.

(Defendant filed an application for individual rehabilitation procedures with this Court No. 2014 Session5296 on January 13, 2015, but it was not yet issued a decision to commence such procedures, and thus, the Plaintiff’s claim in this case cannot be deemed unlawful).

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