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(영문) 대전지방법원 2018.04.18 2017가합395
대여금
Text

1. The defendant shall pay the following money to the plaintiff:

(a) KRW 100,000,000 and this shall begin on November 4, 2017.

Reasons

1. Basic facts

1. The due date for repayment of a loan of KRW 180,000: Interest on July 4, 2017: 19.2% per annum (applicable from the end of January 2016): A contract is made to determine the unpaid overdue interest as at the end of January 2016 as at KRW 135,60,000 and pay it within the due date.

From the end of January 2016, the sum calculated by adding 2,880,000 won per month (interest per month calculated by 19.2% per annum on the principal) to the total amount of 315,60,000 won in addition to the unpaid principal and overdue interest (from the end of January 2016, shall be paid within the said due date. If the due date is not repaid, the penalty shall be paid within two months: 1,00,000 won;

(b) A special clause on overdue interest as a disadvantage if all the principal and interest within the above period of reimbursement are not paid: To be paid by calculating the rate of 24% per annum of the principal as the due date of delinquency.

(b) Date of repayment of loans of KRW 80,000: Interest on July 4, 2017: When the due date of maturity of 13.2% per annum is not repaid, penalty shall be paid within two months;

b.3. 30,000 won loan repayment date: Interest on July 4, 2017: If the repayment is not made within the due date of 7.2% per annum, penalty shall be paid within 2 months (hereinafter “instant agreement for penalty” by adding all the penalty agreements for each loan).

On February 4, 2016, the Plaintiff, while extending the repayment period for the amount loaned to the Defendant by the Plaintiff to the Defendant, drafted each of the following loan certificates:

(2) The Plaintiff and the Plaintiff agreed on February 4, 2016 (hereinafter “instant agreement”). Meanwhile, on the same day, the Defendant stated that “the Plaintiff shall pay the Plaintiff KRW 5,00,000,00 of the European travel expenses agreed to the Plaintiff at the time of payment of the total amount of the loan, in addition to the European travel expenses agreed to the Plaintiff at the time of payment of the loan.”

(hereinafter referred to as "tour cost arrangement"). (b)

On August 5, 2016, the Plaintiff loaned KRW 180,000,000 between the Defendant and the Defendant, and KRW 153,00,000 for overdue interest accrued until the time.

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