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(영문) 부산지방법원 2014.12.04 2014가단226679
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 42,704,537 and KRW 40,939,546 among them, 24% per annum from April 10, 2014 to the date of full payment.

Reasons

Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 through 5, the plaintiff extended a loan to the defendant on October 26, 2012 by setting the period of 36 months in which 60,18 million won was paid in installment, and by paying the principal and interest in repayment method, the plaintiff agreed to lose the benefit of installment payment at the time of delay and pay damages at the rate of 24% per annum. The defendant delayed the repayment of the above loan obligation, and the fact that the above loan obligation remains in excess of the principal amount of 40,939,546 won, interest and other expenses 1,764,91 won as of April 9, 2014.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 42,704,537 won in total of the principal, interest, and other expenses and delay damages calculated at the rate of 24% per annum from April 10, 2014 to the date of full payment of the principal amount, 40,939,546 won, which is the following day of the above basic date.

Although the Defendant asserts to the effect that the Plaintiff’s claim should be postponed until the delivery of the said vehicle is made by a third party, the Defendant does not accept the Defendant’s claim on the ground that the Defendant was not in possession of the said vehicle, on the ground that there is no ground to deem it possible to block the Plaintiff’s

If so, the plaintiff's claim is justified and accepted.

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