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(영문) 울산지방법원 2019.06.26 2018가단20094
대출금 등
Text

1. Defendant C shall pay to the Plaintiff KRW 18,415,161 as well as 24% per annum from May 22, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On May 23, 2016, the Plaintiff concluded a loan transaction agreement with the Defendant as follows (hereinafter “instant loan agreement”).

The loan amounting to KRW 99,00,000 shall be 23% per annum until 31% per annum on the fixed interest rate of 24 months, 23.5% per annum from 32 days to 90 days per annum on the overdue interest rate of 5.6% per annum, 24% per annum from 91 days in arrears.

B. On August 6, 2018, the Plaintiff sent to the Defendant a certificate of the content of the notice of loss of interest (the notice of termination of the contract for the pre-household) that “the Defendant has lost the interest during the period after the lapse of July 25, 2018, by failing to repay the loan after the lapse of July 25, 2018, the date on which the loan agreement of this case was terminated, and thus, the Defendant paid the Plaintiff a total of KRW 100,109,028 (i.e., the interest of the loan of KRW 99,00,000 overdue interest of KRW 860,350) with the interest of the loan of KRW 868,

C. As of May 21, 2019, the loan principal under the instant loan agreement that was not repaid by the Defendant is KRW 18,415,161.

[Grounds for Recognition] deemed confession (the main sentence of Article 150 (3) of the Civil Procedure Act and Article 150 (1) of the Civil Procedure

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 18,415,161 of the remaining loan principal under the loan agreement of this case and damages for delay calculated at the rate of 24% per annum, which is the interest rate for delay, from May 22, 2019 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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