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(영문) 수원지방법원 2017.01.19 2016가단531351
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from September 4, 2016 to the date of complete payment.

Reasons

Comprehensively taking account of the overall purport of pleadings as to Gap evidence Nos. 1, 2, and 3 (including the fact that there is no dispute between the parties), the plaintiff and the defendant are currently in a divorce lawsuit against the defendant. The plaintiff extended 40 million won to the defendant four times on December 31, 2015, after settling the principal and interest on the loan amount of 45 million won on the loan amount of 45 million won from the defendant on December 31, 2015, and upon receiving a written loan certificate (Evidence No. 2) from the defendant, the plaintiff lost the interest amount of 10 million won (interest rate of 2.4% per annum) until December 23, 2016, and 30 million won (interest rate of 4.4% per annum) from May 23, 2021 to 30 million won, and the defendant, as a matter of course, lost its interest payment without delay on the loan amount of 30 million won or more until 4.6% of the above loan amount.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 45,00,000 and damages for delay calculated at the rate of KRW 15% per annum from September 4, 2016 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint.

In regard to this, the defendant alleged that the above loan certificate was prepared by the plaintiff's coercion, but there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is without merit.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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