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(영문) 전주지방법원 2020.10.14 2020가단10055
약정금
Text

1. As to KRW 45,00,000 and KRW 3,000,00 among the above money and the Plaintiff, the Defendant shall pay to the Plaintiff KRW 3,00,000 from July 11, 2012.

Reasons

According to the purport of Gap evidence Nos. 1 and 2 and the whole arguments, the plaintiff and the defendant concluded a loan agreement with interest rate of 30 million won and 10% per annum until December 31, 2005 with respect to the amount loaned by the plaintiff to the defendant on December 6, 2004. The defendant failed to repay the above loan to the plaintiff on April 8, 2012, it decided the principal and interest rate of the loan amount of 45 million won and 3 million won until July 10, 2012, and until October 10 of the same year, 200, 400 million won and 10 million won until January 10, 2013.

6. By December 30, 200, KRW 5,000,000, KRW 5,000 until December 30, 2014, KRW 20,000,000 until December 30, 2014, and KRW 5,00,000 until April 30, 2015 shall be repaid in installments, and where such payment is delayed, an agreement shall be made to pay in addition to the interest calculated at a rate of 10% per annum.

According to the above facts, with respect to KRW 45,00,000 and KRW 3,000,000 among the above money and KRW 45,000,000 on the following day of the due date, with respect to KRW 3,00,000 on July 11, 2012 on the following day of the due date, for KRW 11,4,000,000 on the following day of the due date, the following year on the due date of the due date for KRW 5,00 on January 11, 203, 5,000,000 on the following day of the due date for the Plaintiff.

7. From January 1, 200, with respect to KRW 5,000,00 from December 31, 201 of the same year following the due date, with respect to KRW 20,00,000 from December 31, 2014 following the due date, the obligation to pay 10% per annum, which is the annual interest rate of 10% from May 1, 2015 following the due date until April 3, 2020, each of which is the delivery date of a copy of the complaint of this case, and damages for delay calculated at 12% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day until the date of full payment.

In this regard, the defendant set up a defense that he partially repaid interest on the above loan, but there is no evidence to acknowledge this, so the defendant's above defense is without merit.

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

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