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(영문) 서울중앙지방법원 2018.07.06 2018가단5068199
대여금
Text

1. The defendant shall pay to the plaintiff KRW 45,877,282 and KRW 41,50,000 among them, 15% per annum from January 26, 2018 to the date of full payment.

Reasons

The following facts can be acknowledged in full view of the purport of the whole pleadings in the statement in Gap evidence Nos. 1 through 9.

On December 5, 2012, the Defendant: (a) at a foreign exchange bank (the Plaintiff was merged with the Plaintiff; hereinafter “Plaintiff”); (b) on June 5, 2017, the term “market interest rate of 0.8%”; and (c) the overdue interest rate of 7% where the overdue interest rate is less than one month but less than three months; (d) the overdue interest rate of 8% where the overdue interest rate is less than one month, and (e) the overdue interest rate of 17% per annum where the overdue interest rate is less than three months; and (e) the Defendant was granted a loan by setting the loans within the maximum of 17% per annum.

From March 24, 2015, where the delay period is less than one month, the said delay rate was changed to the lower of the applicable rate of 6%, the lower of the application rate of 15% per annum, the lower of the application rate of 7% per annum, the lower of the application rate of 15% per annum, and the lower of the application rate of 8% in the event of exceeding three months, and the lower of the application rate of 15% per annum.

The defendant delayed the repayment of the above loan, and the balance of the principal and interest of loan as of January 26, 2018 shall be 45,877,282 won (principal principal of 41,50,000, delay damages, 4,377,282), and the rate of delay damages shall be 15% per annum.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from January 26, 2018 to the date of full payment, with respect to KRW 45,877,282 and KRW 41,50,000 among them.

Plaintiff

claim shall be accepted.

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