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(영문) 청주지방법원 2016.11.29 2016가단14041
대여금
Text

1. The defendant shall pay to the plaintiff KRW 49,923,287 and KRW 30,000 among them, the amount of KRW 49,923,287 from July 30, 2016 to the day of full payment.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings in the evidence No. 1, the Plaintiff’s loan of KRW 30,000,000 to the Defendant on March 22, 2014, with the payment period fixed on March 3 and June 15, 2015.

2. Determination

A. The Plaintiff asserts that the Plaintiff is obligated to pay to the Plaintiff the interest amounting to KRW 49,947,945 (i.e., principal amounting to KRW 30,00,000 per annum from March 22, 2014 to June 7, 2016, and damages for delay calculated at the rate of KRW 19,947,945 per annum from March 22, 2014 to June 7, 2016) of the leased principal amounting to KRW 30,00,000 per annum from the day following the delivery date of a copy of the instant complaint to the day of full payment.

B. Determination 1) From March 22, 2014 to June 7, 2016, the interest accrued at the rate of 30% per annum for 809 days from March 22, 2014 to June 7, 2016, and delay damages accrued from March 22, 2014 to March 21, 2016: 18,000,000 won (=30,000,000 x 2 x 30%) x 30%) from March 22, 2016 to June 7, 2016: 1,923,287 won (=30,000,000 x 78/365 x less than KRW 30,00), the Defendant is obligated to pay the Plaintiff the principal of the instant complaint to the Plaintiff at the rate of 19,2300,000 won per annum from March 23, 2016.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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