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(영문) 서울서부지방법원 2017.12.07 2016가단246414
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 103,987,967 and the amount of KRW 103,284,221 among them from August 2, 2016 to the date of full payment.

Reasons

1. According to the statements in Gap evidence Nos. 1 through 5 (including additional serial numbers), on December 2, 2015, the plaintiff lost profits when the defendant did not pay 9,7250,000 won of normal loans within the lending period, 60 months of annual interest rate, 8.9% of annual interest rate, 2.3 months of lending period, 8.9% of annual interest rate, 8.9% of the principal amount of loans, 8.9% of interest rate per year, and 24% of annual interest rate on the repayment date and monthly interest rate, 8(2) and (3) of the plaintiff's credit transaction basic terms and conditions included in the loan agreement, and 8.2 and (3) of the plaintiff's credit transaction basic terms and conditions included in the loan agreement, if the defendant did not pay 9,7250,000 won of ordinary loans within the lending period or paid 2 or more times after 3 months, 97,000 won of loan in installments.

2. Therefore, the Defendant is obligated to pay the Plaintiff the amount of principal and interest of KRW 103,987,967 and damages for delay calculated at the rate of 24% per annum pursuant to the agreed interest rate from August 2, 2016 to the date of full payment (the Defendant is obligated to pay the Plaintiff damages for delay calculated at the rate of 103,284,221 won per annum from August 2, 2016 to the date of full payment). Thus, the Defendant contests the purport that the Plaintiff was refunded at the time of the loan, but the Plaintiff did not refund but could not accept the Plaintiff’s claim. However, the VAT, value-added tax, is a matter between the tax authorities and the Defendant, and does not affect the Defendant’

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