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(영문) 대전지방법원 2016.04.07 2015가단222705
대여금
Text

1. The defendant shall pay to the plaintiff KRW 45,448,067 and KRW 23,811,692 among them, from July 25, 2015 to the day of full payment.

Reasons

In full view of the purport of the argument in Gap evidence Nos. 1 through 5, the defendant decided to approve the terms and conditions of the plaintiff's loan transaction on May 11, 2012, and received 25,800,000 won from the loan. The loan interest rate is 25.9% per annum, and the overdue interest rate is 29% per annum, the defendant delayed the repayment of principal and interest on November 20, 2012, and the defendant failed to pay the principal and interest on July 24, 2015, and the defendant failed to pay the principal amount of KRW 23,811,692 as of July 24, 2015.

According to the above facts, the defendant is obligated to pay to the plaintiff 45,448,067 won in total with interest in arrears and 23,811,692 won in total with interest in arrears at the rate of 29% per annum from July 25, 2015 to the date of full payment, which is the day following the date of final calculation of interest.

The defendant asserted to the effect that the documents necessary for the loan to B merely did not directly prepare the loan-related documents (A evidence No. 1). However, the defendant's argument cannot be accepted in light of the fact that the defendant's seal on the certificate of the personal seal impression and the seal on the above written application are the same among the evidence No. 5, and there is no evidence to prove that the above written application was prepared by another person.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

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