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(영문) 대구지방법원 2014.12.19 2014가단45871
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 139,124,582 and KRW 79,685,90 among them, from August 21, 2014 to the day of full payment.

Reasons

The Defendant borrowed KRW 434 million from the Plaintiff on January 20, 2010 at the maturity of 18% per annum, 2015, 7% per annum, and 18% per annum. The Defendant borrowed KRW 10 million on June 5, 2013 at the maturity of 7% per annum, and 18% per annum; the Defendant agreed to lose the benefit of time when the Plaintiff did not pay interest agreed with the Plaintiff at the time of borrowing; the Defendant failed to pay the interest from June 20, 2013 to 34 billion per annum; the Plaintiff’s interest rate of KRW 34 million per annum; the Defendant applied to Daejeon District Court for voluntary auction on the principal on October 17, 2013 to 300 million; the Defendant’s interest rate of KRW 405 billion per annum; or the Defendant’s interest rate of KRW 304 billion per annum 405 billion per annum; or the Defendant’s interest rate of KRW 305 billion per annum 400 million per annum;

According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 18% per annum from August 21, 2014 to the date following the final calculation of damages for delay for the principal amount of KRW 139,124,582 [the principal amount of KRW 79,685,907 ( KRW 434 million - KRW 363,239,455 - KRW 1,084,638 Won - KRW 1,638,675 ( KRW 59,154,841 Won 283,834), and damages for delay calculated at the rate of 18% per annum from August 21, 2014 to the date of full payment.

The defendant asserts that it is improper to make a claim of this case again on the closing day awarded by auction even with the collateral for the above borrowed loan obligation, but the collateral has been awarded as a successful tender insofar as the above borrowed loan obligation is not fully repaid.

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