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(영문) 서울중앙지방법원 2019.11.08 2019가단5147068
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 38,860,427 and KRW 37,595,059 among them, from May 25, 2019 to the day of full payment.

Reasons

1. The Plaintiff, on February 5, 2018, extended a loan of KRW 45,00,00 to the Defendant on the basis of the loan period of KRW 60 months, the repayment of principal and interest equal in repayment method, interest rate of KRW 16.9% per annum, overdue interest rate of not more than 30 days, 8% per annum of overdue interest rate of not more than 60 days, 10% per annum of overdue interest rate of not more than 60 days, and 12% per annum of overdue interest rate of not less than 60 days (hereinafter “instant loan”). The Defendant lost the benefit of time due to delay in paying the principal and interest, and on May 24, 2019, the obligation against the Plaintiff as of May 24, 2019 was a total of 37,595,05,059 won and interest, etc., or a total of 38,860,427 reasons may be acknowledged by comprehensively taking account of the purport of the entire pleadings in subparagraphs 1 through 3 and evidence.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 38,860,427 and the amount of KRW 37,595,059, whichever is the principal, to the Plaintiff at the rate of 24% per annum for delay calculated from May 25, 2019 to the date of full payment.

2. The defendant's assertion and judgment alleged that the plaintiff cannot accept the plaintiff's claim since the defendant repaid the loan of this case according to the repayment plan agreement with the plaintiff. However, the defendant lost the benefit of time due to delay in the payment of principal and interest as mentioned above, and there is no other evidence to prove that the plaintiff extended the repayment period of the loan to the defendant or suspended the payment period. Thus, the defendant's argument

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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