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(영문) 서울북부지방법원 2014.11.26 2014가단124309
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,642,990 and KRW 30,000,00 among the said money, with the interest of KRW 34,642,99,00 from June 24, 2014 to the day of full payment.

Reasons

1. The Plaintiff, on October 25, 2010, entered into a loan transaction agreement with the Defendant to grant a loan of KRW 30 million at an annual interest rate of KRW 7.5% (damage rate), annual interest rate of KRW 15% (damage rate) per annum, and October 28, 2020, and thereafter lent the above KRW 30 million to the Defendant on October 28, 2010. The Defendant lost its interest from August 7, 2013 due to the Defendant’s failure to pay interest from August 7, 2013, and the Defendant’s delayed interest and total delay damages as of June 23, 2014 are recognized by comprehensively taking account of the overall purport of the statements and arguments as prescribed in subparagraphs 1 through 3.

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from June 24, 2014 to the date of full payment of the principal and interest of loans of KRW 34,642,99 and the principal of the loans of KRW 30,000,000, out of the above amounts.

B. As to this, the defendant asserted that the plaintiff prepared a different agreement and raised the interest at will, but it is not accepted without examining the defendant's argument because there is no evidence to acknowledge it.

3. Thus, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition with the assent of all participating Justices.

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