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(영문) 서울남부지방법원 2021.01.14 2020가단256877
대여금
Text

1. The defendant shall pay to the plaintiff KRW 33,240,159 and KRW 31,323,426 from June 18, 2020 to the day of full payment.

Reasons

Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 through 4, the plaintiff concluded a loan transaction agreement with the defendant on Nov. 7, 2017 that the loan shall be repaid in a long-term installment of KRW 39,98,139, and the loan shall be autonomously subject to the fluctuation rate under Article 3 (2) 2 of the Terms and Conditions of Credit Transactions Act (hereinafter "the loan agreement of this case"). The defendant delayed the repayment of principal and interest under the loan agreement of this case. The plaintiff notified the defendant on Jun. 4, 2020 of the loss of interest by content-certified mail. The remaining principal and interest of the loan of this case under the loan agreement of this case as of Jun. 17, 2020 shall be KRW 33,240,159 (= interest rate of KRW 31,326,420, KRW 620, KRW 1220, KRW 120, KRW 1296 per annum and KRW 130% per annum.16% per annum.

According to the above facts, the defendant has lost the benefit of time by delaying the repayment of the principal and interest under the loan agreement of this case. Thus, the defendant is obligated to pay to the plaintiff the interest in arrears or delayed damages calculated at the rate of 14.20% per annum, which is the overdue interest rate of 14.20% for the remaining principal and interest of 33,240,159 won and the principal of 31,323,426 won.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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