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(영문) 서울중앙지방법원 2015.04.02 2014가단257064
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 547,112,918 and the amount of KRW 342,334,360 from September 1, 2014 to the date of full payment.

Reasons

1. Loans of 1 general capital loans on August 20, 2001, 2000,000 ordinary capital loans of 2 general capital loans on the date of agreement No. 858, 200,000 on the date of an agreement between the parties eligible for recognition;

A. The Plaintiff entered into a credit transaction agreement with the Defendant as follows.

B. The Defendant lost the benefit of time by failing to fully repay the principal and interest of the obligation under each of the above agreements on the maturity date.

Serial 18,746,944 14,736,809 33,483,753 annual 17% 2323,587,416, 190,041, 749 513,629, 165 annual 17% lawsuit 342,334, 360 204,778,558 Total 547,12,918 won

C. As of August 31, 2014, the principal of the Defendant’s unpaid principal and the amount of damages for the final delay are as follows.

(Order) The loan Nos. 1-1, 1-2, 2-1, 2-2, 2-2, 3, and the purport of the entire pleadings.

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the principal of the unpaid principal and the damages for delay to the plaintiff.

B. As to this, the defendant alleged that he paid the principal and interest of all obligations under each of the above agreements, but there is no evidence to acknowledge this. Thus, the above argument is without merit.

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 547,112,918 (=the amount of KRW 342,334,360 (the amount of damages for delay 204,778,558) and damages for delay calculated at the rate of 17% per annum, which is the agreed interest rate of KRW 342,334,360 (the amount of damages for delay 204,78,558) of the unpaid principal from September 1, 2014 to the date of full payment. Accordingly, the Plaintiff’s claim against the Defendant for

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