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(영문) 대전지방법원 2020.07.22 2020가단2233
대여금 등
Text

1. The defendant shall pay to the plaintiff 46,895,400 won and 37,000,000 won with full payment from January 1, 2020.

Reasons

1. Facts of recognition;

A. On May 26, 2017, the Plaintiff leased KRW 50,000,00 to the Defendant at the interest rate of 2% per annum (24% per annum).

B. As the Defendant did not pay the agreed interest properly and partially repaid the principal, the Plaintiff and the Defendant settled the unpaid principal and interest of the loan amount of KRW 46,895,400 up to December 29, 2019 (= KRW 37,000,000 + interest 9,895,400 + interest 9,895,400). The Defendant prepared a certificate of borrowing that the Defendant would pay the said principal and interest of the loan by December 31, 2019.

C. However, the defendant did not pay the principal and interest of the above loan on the payment date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, since the Defendant did not pay the principal and interest on the loan on December 31, 2019, which is due date, the Defendant is obligated to pay the Plaintiff the interest and interest on the loan amounting to KRW 46,895,40,00 (i.e., the leased principal + KRW 37,000,000 + interest rate of KRW 9,895,400), and the leased principal amounting to KRW 37,00,000,000, which is the next day of the due date until the day of full payment.

3. If so, the plaintiff's claim of this case is justified.

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