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(영문) 전주지방법원 2017.06.23 2016가단29816
대여금
Text

1. The defendant

(a) Of KRW 99,287,670 and KRW 60,000 among them, the year from August 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 27, 2014, the Defendant borrowed KRW 150,000,000 from the Plaintiff as the due date for payment to the Plaintiff on June 26, 2014 (30% per annum on a delayed interest rate).

On the other hand, on April 26, 2015, the Plaintiff received the principal amount of KRW 90,000,000 and interest of KRW 15,00,000 to the Defendant.

B. On June 17, 2014, the Defendant borrowed KRW 30,000,00 to the Plaintiff.

Meanwhile, the Plaintiff is a person who received reimbursement of KRW 8,00,000,000 as principal from the Defendant on August 12, 2016, and KRW 10,000,00 on August 25, 2016.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts found in the judgment on the claim for a loan as of May 27, 2014, the principal and interest on the loan that the Defendant is obliged to pay to the Plaintiff is KRW 99,287,670 as of August 26, 2016 as of August 26, 2016 (i.e., the principal and interest on the loan amounting to KRW 60,00,000 overdue interest amounting to KRW 39,287,670).

(As seen earlier, the Defendant agreed with the Plaintiff at 30% per annum, but calculated the overdue interest rate at 25% per annum in light of the purport of the Interest Limitation Act. Therefore, the Defendant is obligated to pay to the Plaintiff the interest rate at 99,287,670 won and the interest rate at 60,000,000 won per annum, which is the overdue interest rate reduced from August 27, 2016 to the day of full payment.

B. According to the above facts finding as to the claim for a loan as of June 17, 2014, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from September 21, 2016, which is the day following the day when the complaint was served on the Defendant with respect to the existence and scope of the obligation to repay to the Plaintiff, until June 23, 2017, the date when the judgment is rendered, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 24, 2017 to the day when the claim is fully paid.

The plaintiff shall lend KRW 30,00,000 to the defendant, "after the due date for payment".

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