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(영문) 서울중앙지방법원 2021.03.23 2020가단5253969
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 74,532,137 and the amount of KRW 44,853,844 from July 25, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 2, 2017, the Plaintiff loaned 49,50,000 won to the Defendant, who operated the Suwon Market under the trade name “D”, 60 months of the loan period, 24.9% per annum of the loan interest rate, 8-12% per annum of the loan interest rate in arrears (8-12% per annum of the loan interest rate within one month in arrears, 10% of the additional interest rate within three months in arrears, 12% of the additional interest rate within three months in arrears, and 3-month additional interest rate exceeding three months in arrears), and 12% of the interest rate in arrears (hereinafter “the instant loan”). B. From April 3, 2018 to July 24, 2020, the Defendant lost its interest due interest due to delayed repayment of the instant loan from April 3, 2018 to July 24, 2003, 74,137, 274, 374, 274, 2754.7

【Unfounded grounds for recognition】 Facts without dispute, entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the facts of the judgment on the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff delayed damages calculated by the ratio of 27.9% per annum, which is the highest interest rate under Article 8(1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users, to the extent of overdue interest rate for the loans of KRW 74,53,84, the loans of KRW 74,57, and KRW 44,84, the loans of KRW 74,853,84, the loans of KRW 45,00 from July 25, 2020 to the date of full payment.

3. As to the Defendant’s assertion, the Defendant asserted that the agreement on the loan of this case (Evidence A No. 2) was only signed by the Defendant, and did not have the Plaintiff’s signature, and thus, the valid loan agreement was not concluded. As such, the Defendant’s obligation to the Defendant was withdrawn by delivery of the document prepared by the Defendant on February 5, 2021. The amount of obligation owed by the Defendant is limited to the statutory interest rate of 5% per annum under the Civil Act until the delivery of the copy of the complaint of this case, and damages for delay by the rate of 12% per annum under the Civil Act, which is stipulated in the Act on the Promotion, etc. of Legal Proceedings.

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