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(영문) 수원지방법원성남지원 2016.12.29 2016가단218156
대여금
Text

1. The defendant

A. As to KRW 36,419,00 and KRW 35,000 among them, from November 18, 2015 to June 27, 2016.

Reasons

1. Facts of recognition;

A. From February 17, 2015 to April 6, 2015, the Plaintiff loaned KRW 12,000,000,000 to the Defendant on February 17, 2015, ② KRW 30,000,000 as of February 27, 2015, ③ KRW 8,00,000 as of March 6, 2015, ④ KRW 35,000,000 as of April 1, 2015, ⑤ KRW 20,000 as of April 6, 2015.

B. On May 8, 2015, the Defendant: (a) repaid KRW 105,00,000 for the above loan up to June 10, 2015; and (b) agreed to pay the amount calculated at the rate of 1% per annum for KRW 300,00,000 for the above loan until repayment of KRW 300,000,000 for the apartment loan owned by the Plaintiff as collateral.

The Plaintiff obtained a loan of KRW 300,000,000 from the Plaintiff’s apartment as security at an annual interest rate of KRW 3.77%. At the time of the above agreement, it was a situation in which the Plaintiff agreed with the financial institution to reduce the loan interest rate to KRW 60,00,000 on a yearly 2.45% under the condition that the above loan is repaid.

However, the Defendant’s failure to repay the above loans at once, making it difficult for the Plaintiff to satisfy the above conditions, and the Defendant, in order to compensate for the Plaintiff’s damages, paid an amount equivalent to 1% per annum out of the difference between interest on KRW 300,000 and KRW 300,000.

C. Since then, the Defendant repaid to the Plaintiff KRW 70,00,000 in total, KRW 30,000,000 on June 11, 2015, KRW 30,000 on June 18, 2015, and KRW 70,000 on November 17, 2015.

On June 11, 2015, the Defendant prepared and rendered to the Plaintiff a letter of payment of this case with the following contents:

The Defendant shall accept the Plaintiff’s compensation for damages of KRW 80,000,000, not paid by June 18, 2015, on the loan amount of KRW 105,000,000.

2. Determination

A. According to the facts found in the above recognition of the obligation to pay the difference between the loan and the agreed interest, the defendant is obligated to pay the following money to the plaintiff

(1) In calculating damages for delay, the time and time the Plaintiff seeks within the scope of the period of the damages for delay which is duly recognized, under the principal and interest of the lending.

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