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(영문) 서울중앙지방법원 2019.04.12 2018가단5253881
대여금
Text

1. The defendant shall pay to the plaintiff KRW 79,101,149 as well as KRW 77,00,000 among them, from October 25, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 2013, the Plaintiff entered into a loan transaction agreement with the Defendant and lent money to the Defendant.

The interest rate of delay interest rate of 80,000,000 won on the date and method of repayment of 80,000,000 won on February 19, 2013, which is the fixed interest rate of January 20, 2015 (referring to the fixed interest rate of market procurement on the basis of MOR; 3.79% on January 20, 2015) applied to Article 3 (5) of the Framework Terms and Conditions for Bank Credit Transactions (Provisional) of the Terms and Conditions for Bank Credit Transactions (hereinafter referred to as the "Standard Terms and Conditions"), the total repayment shall be made on the date and every month from the date specified by each month

B. On October 24, 2018, the Defendant lost the benefit of time due to the Plaintiff’s failure to pay the agreed interest on the loan, and the obligation to pay the principal amounting to KRW 77,00,000, interest amounting to KRW 2,101,149 remains. The Plaintiff’s overdue interest rate applied to the said loan transaction agreement as of the above base date is 15% per annum.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 25, 2018 to the date of full payment of the principal amounting to KRW 79,101,149 (=77,00,000 interest amounting to KRW 2,101,149) and the loan principal amounting to KRW 77,00,000,000, whichever is later than the last calculation day, including overdue interest.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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