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(영문) 서울중앙지방법원 2018.06.07 2018가단5005952
대여금
Text

1. The defendant shall pay to the plaintiff KRW 47,313,342 and the amount of KRW 41,257,982 from October 31, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant approved that the basic terms and conditions of bank credit transactions apply, and received loans from the Plaintiff as indicated below.

(B) On November 14, 2016, 2011, 200,000 won (B) 3 million won on November 14, 2016, 2010,000 won on December 10, 2016, the repayment date of the loan (Account Number) 1 KB Credit Tech loan (B) on the date of loan lending.

As of October 30, 2017, the Defendant is liable to the Plaintiff for the delayed repayment of each of the above loans as indicated below.

(unit: (Account Number) The sum of overdue interest on the balance of the interest accrued prior to incorporation of the unpaid principal to the loan section (B) 1 KB Credit Rating loan section 22,353,610,359,871,94,774 25,708,261,261 15% 2 KB Credit Rating section (B) 18,904,3721,737,363, 3639, 41,257, 257, 257, 2402, 240, 958, 1207, 47, 342 / [Grounds for recognition] the purport of the whole pleadings and arguments of Gap (including each number)

2. Determination:

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 15% per annum, which is the overdue interest rate from October 31, 2017 to the date of full payment, as to the total amount of the principal and interest in arrears and the amount of KRW 41,257,982, which are the unpaid principal, to the Plaintiff.

B. The defendant asserts that the plaintiff paid additional principal 39,836,885 won, interest balance 2,819,90 won, overdue interest rate 2,819,90 won, and overdue interest rate 45,606,158 won, etc., but there is no evidence to acknowledge this, the defendant's above assertion is rejected.

3. If so, the plaintiff's claim is justified and it is so decided as per Disposition.

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