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(영문) 인천지방법원 2020.01.08 2019가단25980
대여금
Text

1. As to the Plaintiff KRW 51,479,173 and its KRW 15,300,00 among them, the Defendant shall from December 11, 2019 to January 8, 2020.

Reasons

1. Facts of recognition;

A. On August 8, 2014, the Defendant received each household ordinary loan from the Plaintiff with the following specifications:

(hereinafter referred to as “instant loan” by the sequences. The rate of the principal of the loan expiration date (%) per annum on July 17, 2015, 15% per annum 15% per annum 1.30% per annum on August 40, 2015, 2015, the maximum of 1.80% per annum on August 40, 2015.

B. On August 6, 2019, immediately before the Plaintiff applied for a payment order, the Defendant lost the entire interest and interest of each of the instant loans, and the balance of the principal and interest of the instant loans as of August 6, 2019, was KRW 15,875,949 (principal KRW 15,30,000). The balance of the principal and interest of the instant two loans was KRW 37,631,90 (principal KRW 36,401,00).

C. From April 25, 2019 to November 25, 2019, the Defendant repaid KRW 89,750, each of the 25th day of each month, and the Plaintiff appropriated it for the principal of the 2nd loan, and accordingly, the balance of the principal and interest of the 1nd loan as of December 10, 2019 is KRW 16,375,592 (principal 15,300,000) (principal 15,300,000). The balance of the principal and interest of the 2nd loan is KRW 35,103,581 (principal 32,802,00), and the agreed delay damage rate of the 1nd loan is KRW 9.46%, and the agreed delay damage rate of the 2nd loan is 8.96%.

[Grounds for recognition] The descriptions of Gap's evidence 1 to 4, 8 to 10, and the purport of the whole pleadings

2. According to the facts of recognition as above, the Defendant: (a) as to KRW 51,479,173, and the principal and interest of the instant loan of KRW 16,375,592 as of December 10, 2019, and KRW 51,479,581, the sum of the principal and interest of the instant loan of KRW 35,103,581, and the balance of the principal and interest of the instant loan of KRW 15,300,000, the following day of the relevant base date, as the Plaintiff seeks from December 11, 2019, which is the date of the instant judgment, until January 8, 2020; and (b) as to KRW 12% per annum from the following day until the date of full payment; and (c) as to KRW 32,802,00, the balance of the principal of the instant loans of KRW 2,300,00.

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