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(영문) 서울중앙지방법원 2015.04.07 2014가단184043
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 45,716,419 and the amount of KRW 40,955,275 from October 10, 2014 to the date of full payment.

Reasons

1. On June 3, 2013, the Plaintiff: (a) the interest rate of KRW 44,60,000 plus 12.7% per annum; (b) the interest rate for delay plus 12.7% per annum; (c) the rate for delay is less than three months; (d) 23% per annum if the period of delay is less than three months but less than six months; and (e) 25% per annum if the period of delay is at least six months; (d) the Defendant was paid the principal and interest divided equally on the 22th day of each month from the Defendant; (e) the payment of the principal and interest was delayed from February 22, 2014; and (e) the balance of the Defendant’s principal and interest of the principal and interest of the Plaintiff as of August 18, 2014 with the aggregate of KRW 45,716,419 won (=40,95,275, 275 won £« interest and delay damages).

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 25% per annum from October 10, 2014 to the date following the delivery of a copy of the instant complaint, as the Plaintiff seeks, with respect to KRW 45,716,419 of the remaining principal and interest of loan, and KRW 40,95,275 of the loan principal.

If so, the plaintiff's claim of this case is justified and accepted.

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