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(영문) 서울동부지방법원 2020.01.14 2019가단111104
대여금
Text

1. The defendant shall pay 108,80,000 won to the plaintiff and 80,000,000 won among them to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 14, 2006, the Plaintiff set the interest rate of KRW 80 million to the Defendant as 2% per month and the due date on August 14, 2006.

B. By February 7, 2007, the Defendant paid 17.6 million won interest for 11 month to the Plaintiff, but was in arrears with the subsequent interest and principal, on January 2, 2009, the Defendant drafted a notarial deed under a monetary loan agreement with the purport that “The Defendant shall pay 18.8 million won to the Plaintiff by February 28, 2009, but the interest shall be 2.0% per month.”

[Evidence] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 24% per annum from January 3, 2009 to the date of full payment, as claimed by the plaintiff, with respect to KRW 18.8 million and KRW 80 million among them.

3. Accordingly, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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