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(영문) 서울중앙지방법원 2015.06.16 2014나70053
대여금
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's claim is dismissed.

B. The defendant

Reasons

Comprehensively taking account of the purport of the argument in Gap evidence Nos. 1 through 6, the Solomon Savings Bank (hereinafter " Solomon Savings Bank") transferred the above loan interest to the defendant on May 26, 201, and lent the loan amount of KRW 15 million at the maturity date of June 5, 2014, interest rate of KRW 31% per annum, interest rate of KRW 43% per annum, and overdue interest rate of KRW 5 million on February 3, 2014, with interest rate of KRW 31% per annum, interest rate of KRW 39% per annum, and overdue interest rate of KRW 39% per annum to the defendant on December 5, 2012, the defendant lost the interest due date by delaying interest payment of the above loan to the defendant on December 4, 2012, the principal remaining after repayment of KRW 15 million to the defendant on June 5, 2014, and the plaintiff notified the defendant on March 26, 2013 of the loan deposit of KRW 301.

Therefore, the Plaintiff’s claim is dismissed as without merit. The Defendant is obligated to pay to the Intervenor’s Intervenor interest and delay damages calculated at the rate of 31% per annum from October 5, 2012 to December 5, 2012; 43% per annum from the next day to the date of full payment; 31% per annum from October 5, 2012 to December 5, 2012 to the date of full payment; and 39% per annum from the next day to December 5, 2012 to the date of full payment.

The judgment of the first instance court is unfair in conclusion, and it is so modified as above.

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