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(영문) 수원지방법원 2016.12.15 2016나61754
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. When there is no dispute between the parties to the judgment on the cause of the claim or when comprehensively considering the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 4, the defendant entered into an agreement on the repayment of principal and interest in order to repay the amount of the credit card used in arrears with the plaintiff on April 15, 2003, setting at 24 months of repayment period, interest rate of 22% per annum, delay damages rate of 29.9% per annum (hereinafter "the loan agreement of this case"). The defendant delayed the repayment of the principal and interest under the loan agreement of this case from June 26, 2003, and as of January 19, 2016, the defendant's loan principal to the plaintiff was 2,697,008 won, overdue interest rate of 13,429,675 won in total and 16,126,683.

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed delay damages calculated at the rate of 29.9% per annum from January 20, 2016 to the date of full payment of the principal and interest under the instant loan agreement and the amount of KRW 16,126,683 among the loan principal and KRW 2,697,008 among the loan principal.

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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