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(영문) 서울남부지방법원 2018.11.06 2018가단238043
대여금
Text

1. As to KRW 167,645,611 and KRW 122,39,986 among the Plaintiff, the Defendant shall pay to the Plaintiff the interest rate from June 15, 2018 to the day of full payment.

Reasons

The Plaintiff extended KRW 100,000 to the Defendant on March 4, 2008 as MOR 3.48% (amended by March 4, 2016), the loan period of one year (amended by March 4, 2016), and KRW 25,00,000 on October 24, 2013 as MOR 5.80% (amended by January 26, 2016) and the loan period of one year (amended by January 26, 2016). The Defendant was unable to repay each of the above loans with maturity and on June 14, 2018, each of the above loans remains at KRW 122,39,986 and interest rate of KRW 45,245,625 as of June 14, 2018, and there is no dispute over the overdue interest rate of each of the above loans between the parties concerned or at least 15% per annum A.

According to the above facts, the defendant is obligated to pay to the plaintiff 167,645,611 won (i.e., 122,39,986 Won 45,245,625) and damages for delay calculated at the rate of 15% per annum, which is the overdue interest rate, from June 15, 2018 to the date of full payment, for the principal of KRW 122,39,986.

The defendant alleged that the plaintiff agreed on the remaining debt reduction period prior to the filing of the lawsuit in this case, but it is not sufficient to recognize the fact of debt reduction by only the descriptions of the evidence Nos. 1 and 2, and there is no other evidence to acknowledge it.

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

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