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(영문) 인천지방법원 2019.07.24 2019가단208198
기타(금전)
Text

1. The defendant shall pay to the plaintiff KRW 144,750,000 and the amount of KRW 50,000 among them, from April 5, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 20, 2010, the Plaintiff lent KRW 20,000 to the Defendant, with the maturity of payment on April 19, 201, the interest rate of KRW 12% per annum (1%) and the interest rate of KRW 25% per annum (25% per annum).

B. On May 24, 2010, the Plaintiff lent KRW 30,000,00 to the Defendant to set the due date for payment on May 24, 201, the interest rate of KRW 1% per month, and the delay interest rate of KRW 2.5% per month.

C. The Plaintiff was paid interest from the Defendant to the due date, and the principal and damages for delay have not been paid after the due date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff delay damages from December 21, 2018 to December 21, 2018 (20,000,000 won x 25% x (7246/265) x 30% x 30% x (7211/365) x (7211/365) x 94,750,00 won x total 144,750,00 won among 106,572,603 won and the total principal of the loan 50,000,000 won among the loans and delay damages from April 5, 2019 to 15 per annum of the above agreement, which is the day following the day on which a copy of the complaint in this case is served.

On the other hand, the plaintiff again claimed damages for delay up to the time of filing the lawsuit of this case, but there is no evidence to acknowledge that the plaintiff can claim damages for delay by applying welfare again. Therefore, this part of the plaintiff's assertion is without merit.

3. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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