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(영문) 서울중앙지방법원 2016.06.17 2016가단14483
해지금
Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 44,463,403 and KRW 37,133,386 among them, from December 17, 2015 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Fact 1) On June 30, 2014, the Defendant’s agreement on installment financing (hereinafter “instant agreement”) with the Plaintiff on the following terms and conditions to purchase marina Ecuador et al.

A) The Plaintiff concluded a contract. The monthly interest rate of the loan was KRW 65 million (2,151,500,000 per annum 11.76% (25% per annum 1.76%) and 25% per annum 36% per annum after the Defendant obtained a loan under the instant agreement, and delayed the payment of the said installments, etc. to the Plaintiff for at least three months, the Plaintiff notified the Defendant on December 10, 2015, that if the payment was not made by December 14, 2015, the interest of the due date would be lost and the instant agreement would be terminated.

However, the defendant could not pay the above installment even before the above urge date, lost the benefit of time, and the agreement of this case was terminated as of December 15, 2015.

3) At the time of the termination of the instant agreement, the Defendant is obliged to pay the Plaintiff the following obligations. The principal of the loan is KRW 37,133,386, KRW 371,30, KRW 579,262, overdue interest of KRW 1,417,755, overdue interest of KRW 1,417,755, and KRW 30,434, KRW 434 (total amount of KRW 44,463,403) [the fact that there is no dispute over the grounds for recognition, the entries in subparagraphs 1 through 3, and the purport of the entire pleadings.

B. According to the above facts of determination, the Defendant paid to the Plaintiff damages for delay at the rate of 25% per annum from December 17, 2015, with respect to the total amount of KRW 44,463,403, and the principal amount of KRW 37,133,386, including all the principal of the loan, etc.

(A) The Plaintiff filed a claim for the payment of damages for delay from December 16, 2015. However, according to the foregoing, 30,434 won interest accrued until December 16, 2015 is included in the above KRW 44,463,403, and thus, the Plaintiff’s claim for the payment of damages for delay exceeding the above recognition scope is rejected). 2. The Defendant’s assertion and judgment are filed with this court for individual rehabilitation and the Defendant shall repay the amount according to the individual rehabilitation repayment plan.

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