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(영문) 의정부지방법원 고양지원 2018.10.12 2018가단117
대여금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 39,95,290 and the interest rate of KRW 24% per annum from January 21, 2015 to the day of full payment.

Reasons

1. Fact-finding;

A. On July 21, 2010, the Plaintiff loaned KRW 100 million to the Defendant at the same interest rate on December 30, 2010 and December 21, 2010 (which shall be paid on August 21, 201), and additionally lent KRW 5 million to the Defendant at the same interest rate on August 11, 2012.

B. From August 21, 2010 to August 16, 2014, the Defendant repaid the sum of KRW 132,360,000,000, and if the Defendant first appropriated the amount repaid as above to the interest on the principal remaining after the relevant repayment date in accordance with the order of statutory appropriation for performance under Article 479 of the Civil Act, and then appropriated the balance to the principal again, the calculation result remains as of August 16, 2014, as shown in the attached Form [Calculation of Interest].

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts established on the basis of the determination of the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 39,995,290, and damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate from January 21, 2015 to the date of full payment, as claimed by the Plaintiff, after the last repayment date.

B. The defendant's assertion and its determination (i.e., 30 million won repaid on May 1, 2012) asserted that the defendant agreed to pay the said money first to the principal, but there is no evidence to acknowledge this.

The defendant asserts to the effect that the rate of late December 30, 2010, which is the due date, shall apply 24% per annum, which is the rate of late December 30, 2010, and thereafter shall be in accordance with the rate of late payment damages under the Civil Act (5% per annum under the Civil Act).

In the event of an agreement on the interest rate prior to the due date, unless there is an estimate on the rate of delay damages in the monetary loan for consumption, but there is an agreement on the interest rate prior to the due date, the delay damages at the time of default (proviso of Article 397(1) of the Civil Act), and at the time of maturity in the monetary loan for consumption

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