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(영문) 서울남부지방법원 2019.06.28 2018나64205
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.

Reasons

1. Facts of recognition;

A. On December 31, 2012, the Defendant agreed to the loan clause and the terms and conditions of the Plaintiff that KRW 13,850,000 from the Plaintiff had been granted a loan by setting at 60 months (per capita of loans), interest rate of 22.2% (per annum 29.5%) (per annum 29.5%) and that the benefit of time would be lost when the monthly payment was not paid at least twice.

B. Since then, the Defendant did not pay the instant loan and interest. 100,000 won for the repayment that the Defendant paid on March 2, 2018 and 24,774 won for the delivery fee refunded on October 11, 2018, are appropriated in order of expenses, interest, and principal. As of October 29, 2018, the loan principal of this case is KRW 1,426,621 for the interest amounting to KRW 76,525 for the interest amounting to KRW 340,835 for delay, and the overdue interest rate applied to the Defendant according to the terms and conditions of the Plaintiff is KRW 27.9% for delay.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 1,843,981 ( principal 1,426,621 + interest 76,525 + interest 340,835 Won + interest 1,426,621 + interest 1,426,621) plus delay damages calculated at the rate of 27.9% per annum from October 30, 2018 to the date of full payment.

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of first instance which concluded this result by the reduction of claim in this court is legitimate, and the defendant's appeal is dismissed as it is without merit.

However, Article 1 of the decision of the court of first instance was changed by the reduction of the plaintiff's claim by this court.

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