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(영문) 의정부지방법원 고양지원 2018.11.02 2018가단2205
대출금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 13,862,422 and the interest rate of KRW 24% per annum from August 31, 2018 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of the entire arguments as to Gap evidence Nos. 1 and 5, it is recognized that the plaintiff notified the defendant of the loss of interest under the term on August 15, 2018, as the plaintiff delayed payment of the principal and interest on the loan amounting to KRW 129,90,000 on August 16, 2016; KRW 24 months of the loan period; interest rateing to 4.95%; overdue interest rateing to 1.0% per annum from 32 days in arrears to 31; 23.5% per annum from 32 days in arrears; and the number of days in arrears to 91 days in arrears to 24% per annum; and that the plaintiff notified the defendant of the loss of interest under the term on January 15, 2018.

According to the above facts, the defendant is obligated to pay the agreed overdue interest calculated at the rate of 24% per annum from August 31, 2018 to the day of full payment, which is the day following the day when the plaintiff is able to repay the remainder after deducting the amount that the plaintiff was paid to the plaintiff, except in extenuating circumstances.

As to this, the defendant asserts to the effect that the defendant want to continue to pay the above loan principal and interest, but as long as the defendant had already lost the benefit of time due to the defendant's delinquency, the defendant's right to request installment does not exist, and the above argument is without merit.

Part of the plaintiff's claim is accepted.

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