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(영문) 창원지방법원 2018.08.30 2018가단1288
대여금
Text

1. As to the Plaintiff’s KRW 66,00,000 and KRW 16,000 among them, the Defendant shall have 5% per annum from September 1, 2017 to February 2, 2018.

Reasons

1. Facts of recognition;

A. On January 10, 2017, the Plaintiff: (a) on December 31, 2017, the period for repayment to the Defendant was set at 12% per annum; and (b) lent KRW 50 million to the Defendant.

B. On July 1, 2017, the Plaintiff, while lending KRW 20 million to the Defendant, paid KRW 4 million as of the end of each month from July 1, 2017 to November 2017; however, the Plaintiff decided to lose the benefit of time in the event of arrears once.

C. The Defendant failed to pay KRW 4 million until the end of July 2017, and paid KRW 4 million to the Plaintiff on August 2, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay the sum of the outstanding loan amounts of KRW 66 million (= KRW 50 million ( KRW 20 million - KRW 4 million) and damages for delay calculated at the rate of 15% per annum as stipulated by the Civil Act from September 1, 2017 to February 2, 2018, the delivery date of the copy of the complaint of this case, which is the delivery date of the copy of the complaint of this case, from January 1, 2018 to February 2, 2018, which is the delivery date of the copy of the complaint of this case, from the next day to February 2, 2018, which is the overdue interest rate of KRW 50 million, and from the next day to the day of the delivery date of the copy of the complaint of this case, damages for delay calculated by 15% per annum as stipulated by the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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