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(영문) 대전지방법원 2016.01.27 2015나102802
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. On December 17, 2012, the Plaintiff loaned KRW 15,00,00 to the Defendant at an interest rate of 20.4% per annum and 36 months, respectively. On January 6, 2015, the Defendant lost the benefit of the period due to the Defendant’s failure to perform his/her obligation to pay principal and interest on the loan. On January 6, 2015, the total amount of the principal and interest on the loan claim as of January 6, 2015 is KRW 7,165,069 (= Principal KRW 6,926,553, interest KRW 221,341, interest KRW 17,175). The damages rate of the above loan claim after January 7, 2015 is 29% per annum, or there is no dispute between the parties, or the purport of the entire pleadings is recognized by comprehensively taking account of the purport of each evidence as stated in subparagraphs 1-1, 2, and 2 through 4.

According to the above facts, the Defendant is obligated to pay the Plaintiff damages for delay calculated by the rate of 29% per annum, which is the interest rate for delay damages, from January 7, 2015 to the date of full payment of the principal amount of KRW 7,165,069 and the principal amount of KRW 6,926,53 among them, to the Plaintiff.

2. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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