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(영문) 대전지방법원 2016.01.21 2015가단220938
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,834,416 as well as KRW 63,955,479 from December 18, 2015 to the day of full payment.

Reasons

Facts of recognition

A. On June 2, 2014, the Defendant entered into a loan agreement with the Plaintiff with respect to Hyundai Motor New Car A, to ensure that 50,000,000 won will be repaid in equal installments monthly at an interest rate of 6.9% per annum for 60 months, and to apply the overdue interest rate specified in the agreement at the time of arrears (hereinafter “instant first loan agreement”).

The Defendant paid the principal and interest of a loan under the instant first loan agreement and delayed payment on June 22, 2015, and the overdue interest rate applicable to the said agreement as of the date of the closing of argument is 24.0% per annum, and the remaining principal and interest as of December 17, 2015 are 42,476,008 won (the principal principal is 39,922,143 won, interest, etc.).

B. On August 4, 2014, the Defendant entered into an offtour agreement with the Plaintiff with respect to Hyundai Motor New Technology New Technology (hereinafter “instant secondary loan agreement”) and entered into a loan agreement with the Defendant to ensure that 5,000,000 won will be repaid in equal installments monthly at an interest rate of 6.9% per annum 60 months per annum, and to apply the overdue interest rate as stipulated in the agreement at the time of arrears (hereinafter “instant secondary loan agreement”).

The Defendant paid the principal and interest of a loan under the instant secondary loan agreement and delayed payment on May 20, 2015, and the overdue interest rate applicable to the said agreement as of the date of the closing of argument is 24.0% per annum, and the remaining principal and interest as of December 17, 2015 are 24,358,408 won (such as principal, 24,033,336 won, interest, etc.).

【In light of the fact that there is no dispute, the entries in Gap’s evidence Nos. 1 through 8, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 24% per annum, which is the overdue interest rate, from December 18, 2015 to the date of complete payment, to the date of late payment, with respect to KRW 66,834,416 of the balance of the principal and interest unpaid and the balance of the principal among them, and KRW 63,95,479, barring any special circumstances.

As to the defendant's defense, the defendant's first day of this case.

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