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Reasons
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(영문) 서울중앙지방법원 2017.04.06 2016가단7935
대여금
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1. The Defendant shall pay to the Plaintiff KRW 4,301,938,941 and KRW 1,350,000 among the costs, from December 1, 2015.

Reasons

1. Facts of recognition;

A. On May 23, 2012, the Plaintiff: (a) decided on May 23, 2013, the due date for repayment of KRW 1.5 billion; (b) 6.23% of the interest rate; and (c) 18% of the overdue interest rate (Article 3(5) of the Basic Terms and Conditions for Credit Transactions (hereinafter “first loan”); (d) decided on May 23, 2013, the due date for repayment of KRW 1.468% of the interest rate; and (e) the overdue interest rate of KRW 5.78% (Article 3(5) of the Basic Terms and Conditions for Credit Transactions) at the highest rate of 18% per annum; and (e) decided on May 23, 2013, the due date of repayment of KRW 440 million; and (e) the rate of interest rate of 8.2% on August 23, 2013, and (e) the rate of overdue interest rate of 30% (hereinafter “the basic terms and conditions”).

B. The Defendant failed to repay the principal and interest of the First Loan as of November 30, 2015, and the principal and interest of the First Loan amounting to KRW 1,757,036,094 (i.e., KRW 1.350,50,000,000) (i.e., KRW 402,589 interest rate of KRW 402,551,505), the overdue interest rate of KRW 12.85%, and the interest rate of the Second Loan amounting to KRW 1,948,060,80 (i.e., principal amount of KRW 6,40,000,000,00 interest rate of KRW 6,009,60,00 interest rate of KRW 482,051,20 interest rate of KRW 26%, and overdue interest rate of KRW 596,484,539,205,394,2984,457.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant is obligated to pay interest calculated at a rate of 15% per annum for KRW 4,301,938,941, and for KRW 1,350,000,000,000 from December 1, 2015 to the date of full payment, KRW 12.85% per annum for KRW 1,46,000,000,000,000,000 from December 1, 2015 to the date of full payment, KRW 14.26% per annum for KRW 434,98,380,00,00 for the outstanding principal of the loan to the Plaintiff.

(b).

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