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(영문) 서울서부지방법원 2020.01.10 2019가단232331
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 56,100,000 and KRW 48,000 among them, 24% per annum from July 25, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 8, 2018, the Plaintiff loaned KRW 50 million to the Defendant with interest rate of KRW 2% per month and the due date of repayment as of November 25 of the same year.

B. The Defendant paid to the Plaintiff the interest amounting to KRW 567,00,00 per month from February 25, 2018 to June 25, 2018, and KRW 5 million per month from February 25, 2018 to June 25, 2018.

Afterward, the Defendant: (a) KRW 5 million on September 28, 2018; and (b) KRW 500,000 on February 25, 2019;

3.26.50,000 won;

7. 29. 5 million won was deposited respectively.

[Reasons for Recognition] No dispute, entry of Gap evidence 1 to 3, the purport of the whole pleadings

2. Determination

A. We examine the appropriation of the amount paid by the Defendant on the basis of the above recognition.

After June 25, 2018, the Defendant delayed the payment of interest, and paid KRW 5 million on September 28, 2018, and the said KRW 5 million from June 25, 2018.

9. The interest of 300,000 won up to 25.3 months, the remaining two million won shall be appropriated for principal, respectively, and the outstanding loan obligations as of September 28, 2018 shall be 48,000,000 won for principal.

After that, the sum of KRW 1.5 million paid by the defendant shall be appropriated for all interest.

Then, as of July 25, 2019, the Defendant shall pay to the Plaintiff the loan principal of KRW 48 million, and interest or delay damages accrued from September 25, 2018 ( KRW 9.6 million ( KRW 48,00,000 ( KRW 10,000) - KRW 1.5 million).

B. In conclusion, the Defendant is obligated to pay the Plaintiff the agreed interest in arrears calculated at the rate of 24% per annum from July 25, 2019 to the date of full payment.

3. citing the Plaintiff’s claim.

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