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(영문) 전주지방법원군산지원 2019.08.27 2018가단4753
대여금
Text

1. The defendant shall pay to the plaintiff KRW 56,016,209 as well as KRW 50,00,000 among them, from July 31, 2018 to the day of full payment.

Reasons

1. On August 10, 2016, the Plaintiff entered into a loan transaction agreement with the Defendant on the condition that the Defendant shall pay 50 million won a loan, 6.5% a year on August 10, 2019, 6.5% a year on the date of loan, 5.2% a year on the interest rate within 12.5% a year on the overdue interest rate, 5.2% a year on the interest rate within 30 days a year from overdue interest, 6% a year on the interest rate if the overdue interest exceeds 90 days, 6% a year on the interest rate, 50 million won a year on the condition that the interest rate shall be paid from the date of loan commencement to the 10th day of each month (hereinafter “the loan transaction agreement in this case”), 200 won a total of 30 million won a loan from April 27, 2017 to the account in the Defendant’s name, or 30 million won a delay in payment of interest on the loan in this case.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 12.5% per annum from July 31, 2018 to the day of full payment of the remaining principal and interest of KRW 56,016,209 as well as the remaining principal and interest of KRW 50,000,000, which are due under the loan transaction agreement of this case.

2. The defendant's assertion argues that D's person uses the loan only for six months, and affixed a seal on the loan transaction agreement of this case, and that the third party, who was employed by the defendant, withdrawn the full amount of loan KRW 50 million from the defendant's account to which the loan was deposited.

According to the statement in Eul evidence Nos. 1 and 2, the account was opened in the name of the defendant on August 10, 2016, on which the loan transaction agreement of this case was concluded, and KRW 50 million was extended to that account.

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