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(영문) 부산지방법원 2017.06.13 2017가단311318
대여금
Text

1. As to KRW 37,274,617 and KRW 21,033,764 among the Plaintiff, the Defendant shall be from December 14, 2016 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 6, the plaintiff extended a loan to the defendant on September 14, 2015 as follows: 25,00,000, interest rate of 14.9% per annum, interest rate of 26.9% per annum, and period of 60 months; the plaintiff extended a loan to the defendant on June 30, 2016; interest rate of 15,00,000, interest rate of 18.5% per annum; interest rate of 27.9% per annum; interest rate of 60 months per annum; interest rate of 27.9% per annum; interest rate of 60 months from November 1, 2016; interest rate of 200,000, interest rate of 14.9% per annum; interest rate of 26.9% per annum; interest rate of 26.9% per annum; interest rate of 37637,6376 and 27.37

According to the facts established above, the Defendant is obligated to pay to the Plaintiff the interest of KRW 37,274,617 (i.e., principal amount of KRW 21,03,764 and other expenses of KRW 976,167,531,623 and other expenses) and delay damages of KRW 21,03,764 at the rate of 26.9% per annum from December 14, 2016 to the date of full payment of the loan principal of KRW 26.9% per annum, which is the agreed delay damages rate of KRW 14,531,623, from December 14, 2016 to the date of full payment of the loan principal, and delay damages of KRW 27.9% per annum, which is the agreed delay damages rate of KRW 14,531,623.

[The lawsuit of this case is a lawsuit concerning property right and has jurisdiction over the Busan District Court having jurisdiction over the seat of the plaintiff's headquarters as a court for the performance of the obligation (Article 8 of the Civil Procedure Act and Article 467 (2) of the Civil Act), and the defendant's transfer order cannot be accepted. The defendant's assertion that the plaintiff collected part of the claim of this case is without merit, since it appears that the real estate was not sold to a third party in the auction procedure of real estate B by the Incheon District Court as of the date of closing argument of this case. Thus, the plaintiff's claim of this case is justified.

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