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(영문) 서울중앙지방법원 2019.03.06 2018가단5189935
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 15,145,112 and KRW 15,126,31 among them, from November 6, 2018 to the day of complete payment.

Reasons

Facts of recognition

On January 15, 2018, the Plaintiff entered into a loan agreement with the Defendant for the middle-standing debate, and set forth KRW 48,00,000 to the Defendant at 14.9% per annum on equal installment repayment of principal and interest for 48 months, interest rate of 14.9% per annum, and interest rate of arrears rate of 26.9% per annum.

From May 2018, the Defendant lost the benefit of time by delaying the repayment of principal and interest. As of June 18, 2018, the Defendant did not pay the principal and interest in 61,338,424 won.

After that, the Plaintiff collected and sold the mortgaged vehicle and appropriated it for the partial repayment of the principal and interest. As of November 5, 2018, the Plaintiff remains in KRW 15,145,112, and among them, the principal is KRW 15,126,31.

[Ground of recognition] According to the above facts of recognition as to Gap evidence Nos. 1 through 5 (including branch numbers) and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 17.9% per annum for the plaintiff within the scope of overdue interest rate of 17.9% per annum for the plaintiff from November 6, 2018 to the date of complete payment, with respect to the above principal amount of KRW 15,145,112 and the principal amount of KRW 15,126,31, which is the principal.

3. The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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