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(영문) 서울중앙지방법원 2019.08.21 2019나11004
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. Basic facts

A. On July 27, 2016, the Plaintiff loaned KRW 15,000,00 to the Defendant at the maturity of February 12, 2020, the annual interest rate of KRW 14%, and the rate of overdue interest of KRW 17.04% per annum. On June 11, 2018, the Plaintiff still loaned KRW 10,291,51, the agreed interest rate of KRW 247,191, overdue interest rate of KRW 136,843.

B. On November 28, 2016, the Plaintiff loaned KRW 8,000,000 to the Defendant on June 12, 2020 due date for payment, KRW 17.2% per annum, and KRW 20.2% per annum. On June 11, 2018, the Plaintiff still loaned KRW 6,36,395 per annum, agreed interest rate, KRW 188,156, overdue interest rate, KRW 98,949.

C. On October 20, 1989, the Plaintiff issued C Card (Credit Card Number D) to the Defendant. As of June 1, 2018, the Plaintiff remains 287,160 won and late payment charge 6,302 won of the outstanding principal related to the temporary payment. The overdue interest rate is 22.3% per annum, and 50,000 won and late payment charge 723 won of the outstanding principal related to the use of the late payment. The overdue interest rate is 22.3% per annum, 3,574,086 won and late payment charge remains 59,027 won and late payment charge is 81,368 won, and the overdue interest rate is 23.3% per annum.

2. According to the above findings of determination, the defendant shall pay to the plaintiff 21,387,711 won (=10,291, 247,11 won) total of the principal and interest on each of the above loans and card use proceeds until June 11, 2018 (6,843 won, 6,36,395 won, 18,156 won, 98,949 won, 287,160 won, 502 won, 723,574, 086 won, 59, 81, 368 won, and 20.5% of the outstanding principal and interest on the loans from July 27, 2016 to 16.3% of the outstanding principal and interest on the loans from 20,000 won to 16.28% of the outstanding principal and interest on the loans from 16.3% of the 16.5% interest on the loans from 20, 16.28% to 16.3% of the 16.8% of the 16.16.2.16% of the outstanding principal.

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