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(영문) 춘천지방법원속초지원 2016.11.03 2016가합126
대여금
Text

1. The Defendant’s KRW 234,983,424 and KRW 200 million among the Plaintiff’s KRW 30% per annum from September 24, 201 to July 14, 2014.

Reasons

1. Indication of claim;

A. The Plaintiff’s KRW 60 million on June 14, 2006 to the Defendant and the same year

7.3.47 million won, and the same year;

7. 7.23 million won, total of KRW 130 million, was set at an annual interest rate of 30%, and the Defendant repaid to the Plaintiff the agreed interest rate and principal amount of KRW 10 million until October 31, 2009.

B. The Plaintiff, around October 2009, lent 80 million won to the Defendant at an annual interest rate of 30%.

C. The Defendant calculated the amount of KRW 20 million unpaid to the Plaintiff (i.e., KRW 130 million - KRW 10 million - KRW 80 million) as the agreed interest rate of KRW 113,753,424 from November 1, 2009 to September 23, 201 (=200 million x 30/100 x (1327/365) x (1327/365)), whichever 7,8777, out of the agreed interest rate of KRW 34,983,424 (i.e., KRW 113,753,7424 - KRW 7877,00). However, the Plaintiff calculated the unpaid amount of KRW 35,753,424,424 as the corrected amount of KRW 3484,753,424,78424).

(d) did not effect any performance.

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum, which is the agreed rate, from September 24, 2011 to July 14, 2014, with respect to the amount of KRW 234,983,424, including the accrued principal and the agreed interest rate up to September 23, 201, as well as KRW 200 million, within the maximum of the maximum interest rate under Article 2(1) of the Interest Limitation Act (amended by Presidential Decree No. 25376, Jun. 11, 2014; effective from July 15, 2014).

2. The defendant is served with a complaint and the plaintiff does not state at all the substantial grounds for disputing the plaintiff's claim.

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