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(영문) 전주지방법원군산지원 2019.10.22 2018가단4722
대여금
Text

1. The defendant shall pay to the plaintiff KRW 60,017,075 and the amount of KRW 48,374,33 among them, from September 16, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On July 11, 2016, the Plaintiff entered into a loan transaction agreement with the Defendant on the condition that the Defendant pay damages for delay (hereinafter “the instant loan transaction agreement or “instant loan”). The Plaintiff paid KRW 50 million to the Defendant’s account under the name of the Defendant on July 11, 2021, the interest rate of KRW 7.5% per annum; the interest rate of KRW 2.2% per annum within 30 days in arrears; the interest rate of KRW 5.2% per annum within 30 days in arrears; and the interest rate of KRW 90 in excess of 90 per annum; and the Plaintiff paid KRW 50 million per annum within 90 days in arrears.

B. From April 24, 2017, the Defendant neglected to pay interest under the instant loan transaction agreement and lost the benefit of time.

C. As of July 30, 2018, the remainder of the principal and interest pursuant to the loan transaction agreement in this case as of July 30, 2018 remains in KRW 50 million with interest and delay damages.

Since then, on October 11, 2018, the Plaintiff disposed of KRW 1,625,667 out of the Defendant’s deposit against the principal of the loan (i.e., KRW 48,374,33 won (i.e., KRW 50 million - KRW 1,625,67). The sum of interest and delay damages incurred until September 15, 2019, including interest and delay damages as of July 30, 2018 (i.e., interest and delay damages as of July 30, 2018), calculated at the rate of KRW 11,642,742 won (i.e., interest and delay damages as of KRW 6,69,579, KRW 579, KRW 500,000, KRW 100, KRW 1,625,000) and the remaining interest and delay damages accrued until October 10, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including where there are additional numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. Determination as to the cause of the claim

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