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(영문) 서울중앙지방법원 2020.05.12 2019가단5269166
대여금
Text

1. As to KRW 76,803,31 and KRW 63,081,730 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from September 5, 2019 to October 2, 2019.

Reasons

The Defendant borrowed KRW 90,00,000 from the Plaintiff (hereinafter “C”) on June 17, 201 (hereinafter “Plaintiff”) to the Plaintiff on September 4, 2011; the Defendant is unable to repay the principal and interest of KRW 76,803,31 in total, including the principal amount of KRW 63,081,721,60 as of September 4, 2019; and the fact that the rate of damages for delay from September 5, 2019 as of September 5, 2019 as agreed by the parties at the time of the loan is 10.655% per annum is no dispute between the parties.

Therefore, with respect to the Plaintiff’s remaining principal and interest of KRW 76,803,31 and the remaining principal of the loan, the Defendant is obligated to pay damages for delay calculated at the rate of 10.65% per annum from September 5, 2019, which is the day following the above base date to October 2, 2019, the delivery date of the original copy of the payment order in this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

(The defendant is currently in prison and is currently unable to repay the above money. Thus, the repayment period is deferred so that he can be repaid after the discharge. However, such circumstance alone does not change the contents of the above loan agreement, such as the defendant's exemption from liability for delay of performance or the repayment period. Thus, the conclusion does not change.

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