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(영문) 부산지방법원 2020.02.18 2019가단15058
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 143,262,937 and the amount of KRW 95,239,953 from May 17, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff entered into a four loan transaction agreement with the Defendant and paid each of the loans.

The main contents of the above four loan transaction agreements are as follows:

The loan interest rate of less than 3% on February 22, 201 1: 20,00,00 base rate of 2.95% on August 24, 2015, and less than 17-19% on August 24, 2015: 17%, 19% on May 23, 2012: 4.00,000, and less than 17% on May 26, 2015: 8% on loan interest rate of less than 3: 9% on loan interest rate of 3: 3: 30% on loan, 30% on loan interest rate of 3: 30% on February 4, 2018, 00, 17: 10% on loan interest rate of 10% on June 10, 200, 197: 20% on loan interest rate of less than 30% on loan interest rate of 13: 16.3% on loan.

B. The Defendant lost a benefit due to delay in the repayment of each of the above loans, and the total amount of the principal and interest on loans which have not been repaid as of May 16, 2019 after the expiration date of the loan is KRW 143,262,937 [Article 143,62,937 [Article 277 and KRW 10,677 and KRW 397 of the total amount of the principal and interest on loans [Article 19,67 and KRW 10,677] ② 15,063,698 of the total amount of the principal and interest on loans plus KRW 2 15,063,698 of the principal and interest on loans [Article 10,00,000, KRW 10,000 and KRW 5,063,698 of the principal and interest on loans [Article 6,239, KRW 953, KRW 485, KRW 499] 48,697,6009,6000]

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 13, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, etc., the Defendant shall pay 12% per annum to the Plaintiff within the scope of damages for delay stipulated in each loan transaction agreement with respect to the total amount of outstanding principal and interest of 143,262,937 won and total amount of principal and interest of 95,239,953 won from the above date of settlement to the date of full payment.

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