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(영문) 서울중앙지방법원 2019.06.14 2019가단5002226
대여금
Text

1. As to KRW 32,984,644 among the Plaintiff and KRW 31,50,000 among them, the Defendant shall annually pay to the Plaintiff KRW 13,00 from November 27, 2018 until December 6, 2018.

Reasons

Comprehensively taking account of the purport of the entire arguments in Gap evidence 1-1 through 4 and Gap evidence 2-2, the fact that the plaintiff implemented the loan to the defendant on January 4, 2013, the loan amount of KRW 37,000,000, interest rate of KRW 33 months (11.7% per annum as of the enforcement date) and interest rate of KRW 11.7% per annum for the loan period of one year, the defendant failed to repay the loan within the above loan period, and the overdue interest rate of the defendant applied to the defendant is 13.5% per annum, and the overdue interest rate of the defendant's unpaid loan amount of KRW 31,50,00,00 as of November 26, 2018 can be acknowledged as constituting a ground for 32,984,644, and overdue interest rate of KRW 1,484.

According to the above facts, the defendant is obligated to pay to the plaintiff 32,984,644 won and 31,500,000 won among them, with 13.5% per annum, which is the overdue interest rate, from November 27, 2018 to December 6, 2018, which is the service date of the original copy of the payment order in this case, and 15% per annum, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from the next day to the day of complete payment.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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