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(영문) 서울남부지방법원 2020.04.23 2019가단275315
대여금
Text

1. The Defendant’s KRW 41,270,377 and KRW 17,828,987 among them shall be from September 6, 2019 to November 27, 2019.

Reasons

1. Facts of recognition;

A. On July 26, 2017, the Plaintiff: (a) lent KRW 13% of the interest rate; (b) 15% of the overdue interest; and (c) January 28, 2019 on the date of repayment; (d) 6.23% of the interest rate on November 3, 2017; (c) 9.23% of the overdue interest rate; and (d) November 3, 2018, respectively, to the Defendant as of November 3, 2018.

B. As of September 5, 2019, the Defendant lost the benefit of time due to delay in the performance of each of the above loans, and as of July 26, 2017, the interest of KRW 20,00,000, interest of KRW 1,46,909, interest of KRW 575,342 (total amount of KRW 22,042,251), interest of KRW 575,342 (total amount of KRW 22,042,251), interest of KRW 17,828,987, interest of KRW 668,757, interest of KRW 730,382 (total amount of KRW 19,228,126) remain.

[Ground of recognition] The entry of Gap evidence 1-1-4, 2-1-4, 3, and 4-4, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 41,270,377 won (22,042,251 won 19,228,126 won) and damages for delay calculated at the rate of 15% per annum from September 6, 2019 to November 27, 2019, which is the delivery date of a copy of the complaint of this case, to November 27, 2019; 12% per annum from the following day to the day of full payment; 20,000,00 won per annum from September 6, 2019 to the day of full payment.

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

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