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(영문) 창원지방법원 마산지원 2021.03.24 2020가단105633
대여금
Text

The defendant shall pay 85,345,223 won to the plaintiff and 24% per annum from March 21, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From April 24, 2014 to February 8, 2019, the Defendant borrowed a total of KRW 237,440,000 per annum by 48% per annum. By March 20, 2020, the Defendant paid KRW 232,520,000 among them.

B. The loan principal remaining is KRW 85,345,223, where the Defendant applied the highest interest rate (25% per annum from February 9, 2018 to 24% per annum) under the Act on the Restriction on Interest Rates, with the interest or delayed damages to be appropriated first, and the remainder is KRW 85,345,223.

[Grounds for recognition] The evidence No. 1-2, Gap evidence No. 2-1-8, Gap evidence No. 2-3, Gap evidence No. 3, the whole purport of the pleading is that the defendant submitted a formal answer only and did not appear on the date for pleading.

2. If so, the Defendant is obligated to pay to the Plaintiff the delayed damages calculated at the rate of 24% per annum, which is the highest interest rate stipulated in the Interest Limitation Act, from March 21, 2020 to the date of full payment, as the remaining principal amount of KRW 85,345,223, and the amount of the delayed damages from March 21, 2020 to the date of full payment. It is so decided as per Disposition.

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