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(영문) 수원지방법원 2016.11.11 2016가단532750
대여금
Text

1. The defendant shall pay to the plaintiff KRW 25,415,460 and KRW 25,00,000 among them, per annum from July 21, 2016 to the day of full payment.

Reasons

In full view of the purport of Gap evidence Nos. 1 and 3 as well as the purport of the entire pleadings, the Plaintiff loaned KRW 25,00,000 to the Defendant on January 4, 2016, and agreed with the Defendant as the loan interest rate of KRW 7.5% and the delayed interest rate of KRW 18.5%. The Defendant lost its interest on the due date due to the failure to pay the agreed monthly payment. As of July 20, 2016, the Defendant’s obligation as of July 20, 2016 was the principal amount of KRW 25,00,000, unpaid interest, and delay damages total of KRW 25,415,460.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 18.5%, which is the delay interest rate, from July 21, 2016 to the date of full payment, for KRW 25,415,460 and KRW 25,00,000, whichever is later.

In this regard, the defendant asserts to the effect that the time limit should be postponed, since the defendant does not have any circumstances to repay the loan to the party, but such circumstance alone does not allow the plaintiff to refuse the plaintiff's claim. Therefore, the defendant's argument is rejected.

Therefore, the claim of this case is reasonable, and it is so decided as per Disposition.

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