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(영문) 서울중앙지방법원 2020.11.09 2020가단5223890
대여금
Text

The defendant shall pay to the plaintiff 64,216,158 won and 38,074,263 won among them from May 28, 2020 to the day of full payment.

Reasons

On April 27, 2015, the Plaintiff lent KRW 40 million to the Defendant as of July 28, 2015. The Plaintiff agreed to apply the rate of delay damages determined by the Plaintiff to the damages for delay. However, the Defendant did not pay the above obligation on the said payment date. Meanwhile, as of May 27, 2020, the loan obligation as of May 27, 2020 is principal amounting to KRW 38,074,263, interest unpaid and delay damages amounting to KRW 26,141,895, and the interest rate of delay damages determined by the Plaintiff as of the date of closing argument is 15% per annum or there is no dispute between the parties, and the purport of the entire pleadings in the evidence Nos. 1, 2, and 3 can be acknowledged.

According to the above facts, the defendant is obligated to pay to the plaintiff 64,216,158 won (=38,074,263 won 26,141,895 won) and 38,074,263 won, the principal of which is 38,07,263 won, the interest rate of 15% per annum from May 28, 2020 to the date of full payment.

If so, 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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