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(영문) 청주지방법원충주지원 2020.10.07 2020가단23441
대여금
Text

1. The defendant shall pay to the plaintiff KRW 71,256,523 and KRW 68,363,525 from June 6, 2020 to the day of full payment.

Reasons

1. The Plaintiff, on April 29, 2016, entered into a loan agreement with the Defendant to grant a loan of KRW 144,20,00 to the Defendant by setting a lending period of KRW 72 months, interest rate of KRW 5.9%, and interest rate of delay interest rate of KRW 8.9%. Following the occurrence of a ground for loss of the benefit under Article 8(3)6 of the Framework Terms and Conditions on Credit Transactions, the Defendant lost the benefit under the above loan agreement. As of June 5, 2020, the Defendant’s outstanding interest and interest of KRW 71,256,523 in total (the outstanding interest and interest of KRW 68,363,525 in total) are unpaid interest and interest of KRW 2,404,385 in total, KRW 48,613 in total (the remaining interest and interest of KRW 78,523 in total) or can be acknowledged by comprehensively taking into account the purport of each of subparagraphs 1 through 5.

According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 8.9%, which is the above agreement, from June 6, 2020 to the day of full payment, with respect to the total amount of the above principal and interest of KRW 71,256,523, and the principal of the loan amount of KRW 68,363,525, barring any special circumstance.

2. As to the Defendant’s assertion on the Defendant’s repayment, the Defendant asserted to the effect that the Plaintiff had the Defendant’s D vehicle around October 2019 and sold a provisional auction at the same time, and that the said loan was already repaid at the proceeds of the sale. However, there is no evidence to acknowledge this, the Defendant’s assertion is not acceptable.

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

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