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(영문) 인천지방법원 부천지원 2018.08.10 2018가단5012
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 91,534,353 and a rate of KRW 25% per annum from February 5, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 29, 2015, the Defendant agreed to pay to the Plaintiff the remainder of KRW 148,000,000,000, out of the borrowed amount, by November 11, 2015, for delay damages at the rate of 30% per annum if the Defendant violated the agreement.

B. The Defendant paid each of the money indicated in the column for repayment on each date indicated in the separate sheet for calculation of the amount appropriated to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap 1, and the purport of the whole pleading

2. According to the allegations and the facts of the above finding, each of the above payments shall be first appropriated to the damages for delay at the rate of 25% per annum as sought by the plaintiff among 30% of the agreed delay damages in accordance with the legal principles of statutory appropriation of appropriation of appropriation, as shown in the calculation table of appropriation amount, and the remainder shall be appropriated to the principal. Thus, the defendant is obliged to pay to the plaintiff the damages for delay at the rate of 25% per annum from February 5, 2016 to the date of full payment.

3. According to the conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are without merit.

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