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(영문) 서울남부지방법원 2020.08.27 2020가단220786
대여금
Text

The defendant shall pay to the plaintiff 76,762,228 won and 75,027,066 won among them, per annum from January 4, 2020 to the date of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 11 as to the cause of the claim, the plaintiff lent 105,00,000 won to the defendant on January 11, 2018, with a maturity of 60 months, interest rate of 8.9% per annum, interest rate of 25% per annum, and overdue interest rate of 11.9% per annum (hereinafter "the loan of this case"). After the change of overdue interest rate of 11.9% per annum, the defendant lost the interest due interest due to delay on two consecutive occasions. As of January 3, 2020, the principal of the loan of this case was 75,027,066 won, interest and overdue interest rate of 1,735,162 won, and overdue interest rate of 76,762,28 won (i.e., 75,027,066 won and delay interest rate of 16.75% per annum).26% per annum, 27.75% per annum.

2. On February 10, 2020, the judgment of the defendant's assertion that the defendant transferred the right to dispose of the construction equipment owned by the defendant to the plaintiff, and thus, it is unreasonable to file the lawsuit in this case even if it can be appropriated for the repayment of the above loan. However, as alleged by the defendant, construction machinery equipment is provided as security to secure the loan claim, and the plaintiff may recover the loan in this case due to the exercise of the security

Even if a lawsuit brought by the Plaintiff as part of the exercise of a loan claim is not unfair.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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