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(영문) 서울동부지방법원 2020.05.07 2019가단124537
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 129,989,722 and the interest rate of KRW 34.8% per annum from February 12, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who registered a credit business under the trade name “C” from May 16, 2013 to May 16, 2016 pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users.

B. The Defendant lent a total of KRW 130 million from the Plaintiff as follows.

The interest rate of the loan extended on June 16, 2014. 30,000,000 won per annum on June 16, 2014. 30% on June 16, 2015. 30% on June 16, 2015. 20% on August 19, 2014. 30% on August 30, 2015. 34.8% on August 19, 2015 34. 30% on December 25, 2014. 30,000 won on December 30, 2015. 44. 50,000,000 won on July 22, 2015. 34.8% on July 21, 2016. 130,000,000 won

B. From July 15, 2014 to October 4, 2015, the Defendant paid to the Plaintiff a total of KRW 19,070,000,00 as indicated in the “amount of repayment” column in the separate sheet for calculation of the amount appropriated from July 15, 2014 to October 4, 2015. Meanwhile, the Plaintiff received dividends of KRW 63,860,546 on November 16, 2017 in the distribution procedure for the Suwon District Court D’s D’s real estate auction case.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 and 2, the purport of the whole pleadings

2. According to the facts of the above recognition, the money and the dividend paid by the defendant to the plaintiff as the repayment of the loan was appropriated in the order of statutory appropriation of performance, as shown in the calculation table of appropriation amount.

As of November 16, 2017, the remaining principal and interest of the Defendant as of November 16, 2017 are KRW 173,114,586 (= Principal KRW 129,989,722).

However, in this case, the Plaintiff sought damages for delay from February 12, 2017 on the leased principal of KRW 130,000,000, and expressed its intention to reduce part of the remaining interest accrued until November 16, 2017.

Therefore, the defendant is obligated to pay to the plaintiff the remaining principal 129,989,722 won and damages for delay calculated at the rate of 34.8% per annum from February 12, 2017 to the date of full payment.

I would like to say.

3. Thus, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as there is no ground.

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