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(영문) 서울중앙지방법원 2019.10.17 2019가단5180140
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 as well as KRW 50,000 among them, from October 21, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant agreed to pay KRW 120,000,000 to the Plaintiff’s total sum of the investment principal and KRW 20,000,000 from October 20, 2018, when investing KRW 100,000 from the Plaintiff.

B. On December 29, 2018, the Plaintiff was not paid the remainder of KRW 60,000,000 after the agreed repayment date, and the Defendant was urged by the Defendant that “Nam will repay 64,95,000 won in total to the third week of January 2019, including 3.33% of the principal and interest rate of KRW 5,000 in balance.”

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 and 2, the purport of the whole pleadings

2. The Plaintiff and the Defendant entered into an agreement on quasi-loan for consumption with a view to making a payment of interest and principal calculated from October 21, 2018, which are the date following the original repayment date, to the effect that the Plaintiff and the Defendant agreed to make a lump sum payment of interest and principal calculated from October 21, 2018, which are the date following the original repayment date, as well as the interest and principal calculated from October 21, 2018.

Therefore, the defendant is obligated to pay to the plaintiff interest or delay damages at the rate of 24% per annum, which is the maximum interest rate under the Interest Limitation Act, from October 21, 2018 to the date of full payment.

3. The plaintiff's claim for the conclusion is justified and it is so decided as per Disposition by the assent of all participating Justices.

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