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(영문) 대전지방법원 2018.06.28 2018가단201778
대여금
Text

1. The Defendant’s KRW 41,450,906 and KRW 40,413,893 among the Plaintiff’s KRW 40,413,893 annually from November 10, 2017 to May 10, 2018.

Reasons

1. The Plaintiff, in fact, lent the following money to the Defendant, who had conducted an individual business under the trade name “B”:

The loan amount: The loan amount: May 29, 2015 (the date of agreement: May 27, 2015): The loan amount agreement: 4.21% per annum: 12% per annum; the defendant delayed in paying the principal and interest, and lost the benefit by November 6, 2017; and on November 10, 2017, the amount to be paid by the defendant to the plaintiff as of November 10, 2017 is the principal amount of KRW 39,471,403; substitute payment of KRW 277,99; interest of KRW 664,491; overdue interest of KRW 1,037,013; overdue interest of KRW 41,450,906.

According to the terms and conditions of the above loan contract, interest and substitute payment should be imposed.

[Ground for Recognition: Facts without dispute, Gap 1 through 3 (including each number), the purport of the whole pleadings]

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 40,413,893 won, excluding the above principal and interest in arrears, and overdue interest, 41,450,906 won, which is the amount calculated by deducting the above overdue interest, from November 10, 2017 to May 10, 2018, the agreed interest rate of 12% per annum, and delay damages calculated by 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Although the defendant asserts that the project would be delayed due to failure to meet the repayment date, the above argument cannot be accepted unless there is any assertion or proof as to the provisions of the grace agreement or the provisions.

3. citing the Plaintiff’s claim for conclusion

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