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(영문) 서울남부지방법원 2020.05.14 2020가단204760
대여금
Text

1. As to KRW 40,399,798 and its KRW 39,243,949 among the Plaintiff, the Defendant shall pay a year from December 14, 2019 to January 6, 2020.

Reasons

In full view of the purport of the argument in Gap evidence Nos. 1 through 6, the plaintiff set 70,00,000 won as interest rate of 7.9% per annum and interest rate of 10.9% per annum on December 28, 2018 and lent it to the defendant by equal repayment method for 48 months. The defendant has lost the benefit of time under the basic terms and conditions of credit transaction by delay for not less than one month, and the balance as of December 13, 2019 is the principal amount of 39,243,949, interest and overdue interest of 872,529, and expenses for provisional payment of 283,320 won.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 40,39,79,79 and KRW 39,243,949, whichever is the principal, from December 14, 2019 to January 6, 2020, the delivery date of the original copy of the instant payment order, 10.9% per annum, which is the annual interest rate for the contract delay from January 6, 2020, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date

The defendant asserts that he applied for individual rehabilitation.

The defendant filed an application for individual rehabilitation with Busan District Court 2019 Congress 12181, but such circumstance does not constitute a defense against the plaintiff's claim.

The plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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