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(영문) 인천지방법원 2016.11.10 2016나53299
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. As to the cause of claim

A. On August 7, 2013, the Plaintiff extended a loan to the Defendant at a interest rate of 36 months and interest rate of 20.90% per annum (hereinafter “instant loan”). As of October 5, 2015, the Defendant agreed to repay the principal and interest of the instant loan over the loan period in equal installments, and to temporarily repay the remaining principal and interest by adding up the delayed damages at the rate of 29.00% per annum to all the obligations related to the remaining principal and interest due to loss of the benefit of time when the loan is unable to repay the loan. 2) The Defendant lost the interest of October 5, 2015 due to the repayment of the principal and interest of the instant loan, and as of October 5, 2015, the remaining principal and interest of the instant loan out of the loan is KRW 2,545,614, the unpaid interest rate of KRW 156,859, and damages for delay incurred by 33,889 won.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 29% per annum from October 6, 2015 to the date of full payment, with respect to KRW 2,736,362 (i.e., KRW 2,545,614, KRW 156,859, KRW 3389) and KRW 2,545,614 (i.e., KRW 2,545,614).

2. As to the defendant's argument

A. There was an agreement to reduce the principal and interest of the instant loan to KRW 1,500,000.

B. Since there is no evidence to prove the agreement as alleged in the defendant's assertion, the above assertion is without merit.

3. As such, the plaintiff's claim shall be accepted on the ground of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal against it is dismissed as it is without merit, and it is so decided as per Disposition.

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