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(영문) 광주지방법원 2020.04.24 2018가단28117
대여금
Text

1. As to KRW 50,840,466 and KRW 48,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from November 13, 2018 to November 20, 2018.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. In fact, on January 15, 2016, the Plaintiff entered into a loan transaction agreement with the Defendant on the terms of lending KRW 80,000,000, the period of lending, five years, the repayment method, the repayment method in equal installments of principal and interest rate (which shall be 3.42% per annum, but shall be 12 months per annum), and loaned KRW 80,00,000 to the Defendant.

Meanwhile, according to the loan transaction agreement of this case, when the payment of the principal and interest of installment repayment or installment repayment is delayed on more than two consecutive occasions, all loans are repaid by losing the benefit of time.

The Defendant only repaid the principal and interest of installment repayment by January 2, 2018, and thereafter lost the benefit of time on at least two consecutive occasions due to the repayment of the principal and interest of installment repayment pursuant to the loan transaction agreement of this case.

As of November 12, 2018, pursuant to the loan transaction agreement of this case, the Defendant’s obligation to the Plaintiff under the loan transaction agreement of this case is the total of KRW 48,00,000,08 in principal and KRW 2,840,458 in interest and delay damages, and the overdue interest rate is KRW 50,840,466 in total. The overdue interest rate is 6.68% per annum.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 10, the purport of the whole pleadings

B. According to the facts established as above, the Defendant is obligated to pay to the Plaintiff 50,840,466 won (i.e., interest of the principal of the loan and interest of delay damages of KRW 48,00,008) and damages for delay of KRW 2,840,458, out of which the principal and interest of the loan are calculated as of November 13, 2018, which is the day following the base date for calculating the principal and interest of the loan, from November 20, 2018 to November 20, 2018, the delivery date of a copy of the complaint of this case, 6.68% per annum under the agreement and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until May 31, 2019, and damages for delay calculated by 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Determination on the Defendant’s assertion

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