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(영문) 인천지방법원 2020.02.19 2019가단231006
대여금
Text

1. As to KRW 132,00,000 and KRW 88,000 among them, the Defendant shall pay to the Plaintiff KRW 132,00,000 from February 19, 2019, KRW 44,00,00.

Reasons

1. Facts of recognition;

A. On October 3, 2018, the Plaintiff paid KRW 88 million calculated by subtracting the interest of KRW 90 million from the prior interest and KRW 2 million from the due date on December 31, 2018, upon setting the period of repayment as interest KRW 2 million to the Defendant on December 31, 2018.

(1) loan; (2)

On October 11, 2018, the Plaintiff paid KRW 44 million calculated by subtracting the interest of KRW 1 million,000,000,000,000,000,000 to the Defendant on December 31, 2018, as the interest rate of KRW 1 million per month, and due date of repayment of KRW 31, 2018.

(2) loan, c.

The Plaintiff received, respectively, a total of KRW 8 million on four occasions from November 4, 2018 to May 10, 2019 as interest on the first loan from the Defendant, and KRW 4.5 million on four occasions from November 11, 2018 to May 10, 2019 as interest on the second loan, respectively.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1 and 2-2, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant’s interest amounting to KRW 132,00,000 for the loan amounting to KRW 132,00,00 ( KRW 20,000 for loans No. 1) and KRW 88,00,000 for the loan amounting to KRW 88,00,00,00 for the loan amounting to KRW 1,32,000,00 as the Plaintiff’s request, shall be appropriated for the interest during the above period, from February 19, 2019 to October 3, 18, 2018 to February 18, 2019, calculated at the rate of 24% per annum 8,042,958 [=139,365 days x 0.24 x 000,00).

With respect to KRW 44,00,000, the interest calculated by the ratio of 24% per annum from March 16, 2019 to October 11, 2018 to March 15, 2019 shall be 4,513,315 won (=156 days x 0.24 x 4,00,00 won). The interest paid by the Defendant shall be appropriated for the interest of the said period.

Every party shall be liable to pay damages for delay calculated at the rate of 24% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, within the scope of the agreed interest rate until the date of full payment.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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