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(영문) 서울동부지방법원 2016.01.08 2015가합108046
약정금
Text

1. The Defendant’s KRW 540,000,000 and its amount shall be 30% per annum from March 23, 2012 to July 14, 2014 to the Plaintiff.

Reasons

Facts of recognition

On November 23, 2011, the Plaintiff leased KRW 740,000,00 to C by stipulating “the payment period: March 22, 2012; interest: 2.5% per annum (30%).”

The defendant guaranteed C's loan obligations on the same day.

The Plaintiff received payment of the principal amount of the above loan amounting to KRW 200,000,000 and interest from March 22, 2012.

[Ground of recognition] According to the above facts in Gap evidence 1-1 and 2- and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff 540,000,000 won (=740,000,000-200,000) and damages for delay calculated by the rate of 30% per annum from March 23, 2012 to July 14, 2014, which is the day following the date of final repayment of interest, and the day after the day of full payment from the next day to the day of full payment, to the day of full payment.

In conclusion, the claim of this case is justified, and it is so decided as per Disposition.

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