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(영문) 수원지방법원안양지원 2020.07.23 2019가단113428
대여금
Text

1. The defendant shall pay to the plaintiff 22,81,538 won and 21,851,198 won among them, from March 26, 2020 to the day of full payment.

Reasons

1. On September 6, 2018, the Plaintiff entered into an agreement with the Defendant on mid- to long-term debate with the content that: (a) KRW 36,00,000,000 for principal and interest in 48 months equal installments; (b) interest rate of 10.9% per annum; and (c) interest rate of delay rate of 13.9% per annum to the Defendant on the security of the instant motor vehicle (hereinafter “instant motor vehicle”).

(hereinafter “instant loan agreement”). On May 9, 2019, the Defendant repaid the principal and interest of the instant loan agreement to the Plaintiff, and delayed repayment of the principal and interest from June 2019, and lost the benefit of time due to the registration of the seizure of the instant vehicle for arrears.

As of November 20, 2019, the Plaintiff recovered KRW 14,405,520 from the public sale procedure for the instant automobile on November 20, 2019 and appropriated KRW 13,161,349 among them to the damages for delay, interest, provisional payment, and principal of the instant loan agreement ( KRW 1,244,171 was appropriated for the Plaintiff’s credit loan to the Defendant), and KRW 18,214 was additionally deposited and appropriated for the principal. As of March 25, 2020, the principal and interest of the instant loan agreement pursuant to the loan agreement is KRW 21,851,198, the unpaid interest and interest amount are KRW 85,352, delay damages, and KRW 22,81,538 in total.

[Based on the facts that there is no dispute, Gap evidence 1 through 9, and the facts of the above recognition as to the ground for a claim as to the purport of the entire arguments, the defendant is obligated to pay to the plaintiff delay damages calculated at the rate of 13.9% per annum under the loan agreement of this case as to the total amount of principal and interest of loans as of March 25, 2020 as of March 25, 2020 and principal amount of KRW 22,81,51,198, which is the day following the above basic date, from March 26, 2020 to the day of full payment.

(A) Although the Defendant asserts that the Defendant would lose his position, etc. and want the installment repayment, this does not constitute a defense to block the Plaintiff’s claim. Thus, the Plaintiff’s claim of this case is reasonable, and thus, it is ordered to accept it.

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