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(영문) 청주지방법원제천지원 2019.08.14 2019가단1141
대여금
Text

1. The defendant shall pay to the plaintiff KRW 76,932,308 as well as KRW 75,251,473 as well as annual interest from May 30, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 11, 2018, the Plaintiff loaned KRW 143,600,00 to the Defendant as “72 months of loan period, equal repayment of principal and interest, interest rate of 5.9% per annum, and interest rate of 8.9% per annum.”

According to the above loan agreement, when the debtor delays the payment of the principal and interest of the installment repayment or the installment repayment on at least two consecutive occasions, he/she shall lose the benefit of time.

B. The Defendant lost the benefit of delay due to the delayed payment of the principal and interest repaid in installments under the above loan agreement at least two consecutive times.

C. The Defendant’s remaining obligations as of May 29, 2019 are the principal KRW 75,251,473, interest KRW 904,80, interest KRW 69,035, legal action costs of KRW 707,00,00, totaling KRW 76,932,308.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 2, 3, 4, 5, and 6 (including each number), and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 8.9% per annum from May 30, 2019 to the date of full payment, with respect to KRW 76,932,308 and KRW 75,251,473 among them.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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