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(영문) 서울북부지방법원 2015.12.16 2015가합1332
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 220,00,000 and the interest rate of KRW 20% per annum from April 11, 2015 to the date of full payment.

Reasons

On December 31, 2012, the Plaintiff lent 340 million won to the Defendant at an annual interest rate of 30% per annum, and three months after the due date, and the Defendant’s total interest interest on the said borrowed amount exceeds the amount of KRW 115 million per 13 months.

A. The facts for which the performance was made shall not be disputed between the parties, or may be recognized by taking into account the whole purport of the pleadings in each entry in Gap evidence No. 1, 3, 4, and 5.

The Defendant additionally paid KRW 20 million to the Plaintiff as the above loan fee.

There is no evidence to prove that the plaintiff collected part of the principal and interest of the real estate owned by the defendant during the auction procedure.

Therefore, the defendant is obligated to pay to the plaintiff 20 million won out of the above loan amount of KRW 340 million and damages for delay at the rate of 20% per annum from April 11, 2015 to the date of full payment, which is obvious from the date following the day of delivery of a copy of the complaint of this case.

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