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(영문) 수원지방법원 2017.01.13 2016나56318
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Upon examining the determination as to the cause of the claim, the Defendant entered into a loan agreement with the Plaintiff and the Defendant on January 7, 2014 with the terms and conditions that the principal amount be KRW 20,00,000,00 for the loan period of KRW 38 months, interest rate of KRW 29.9% per annum, interest rate of KRW 38.4% per annum, interest rate of KRW 28.4% per annum, and interest rate of KRW 20,00,000 from the Plaintiff on the same day, and received KRW 20,000 from the Plaintiff on the same day. The Defendant was unable to perform his/her obligation to repay the loan, and the Defendant lost its profits as of August 3, 2015. The remainder of the Defendant’s loan obligations are the principal amount be KRW 14,240,435, interest rate of KRW 739,12 (=699,641,39,471) and the entire purport of pleadings and arguments.

According to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff 14,979,547 won and damages for delay at the rate of 38.4% per annum from August 4, 2015 to the date of full payment, which is the day following the day on which the benefit of time was lost.

2. As to the Defendant’s assertion, the Defendant asserted that the repayment of the loan was postponed by the Plaintiff in consideration of the circumstances where the third degree of disability of the non-functional land was serious and the economic activity was unable to be performed. However, there is no evidence to acknowledge this.

Therefore, the defendant's argument is without merit.

3. The plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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