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(영문) 부산지방법원 2016.06.23 2016가단308698
대여금
Text

1. The defendant shall pay to the plaintiff KRW 39,986,506 as well as KRW 38,01,308 among them, from January 20, 2016 to the day of full payment.

Reasons

1. Basic facts

A. On July 14, 2015, the Plaintiff rendered a general credit loan (hereinafter “instant loan”) by setting the loan interest rate of KRW 40 million to the Defendant at 12% per annum, overdue interest rate of KRW 24% per annum, 60% per annum, 60 months during the loan period, and repayment method as equal repayment of principal and interest.

B. The Defendant did not pay the equal repayment of the principal and interest of the instant loan from December 1, 2015.

Accordingly, on January 7, 2016, the Plaintiff notified the Defendant of the loss of benefit for the instant loan.

C. As of January 19, 2016, the principal and interest of the instant loan remains at KRW 39,986,506 (i.e., the balance of the principal and interest of the loan plus KRW 38,011,308 (i.e., interest, arrears, repayment fees, and incidental expenses).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff overdue interest calculated at the rate of 24% per annum from January 20, 2016 to the date of full payment, for the principal and interest of the instant loan amount of KRW 39,986,506, and the balance of principal of the loan amount of KRW 38,01,308, which is the date following the date of settlement.

3. According to the conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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