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(영문) 인천지방법원 2020.11.24 2020가단246547
대여금
Text

1. The defendant shall pay to the plaintiff KRW 13,042,08 out of KRW 35,929,126 and the above money from June 6, 2020 to the day of full payment.

Reasons

1. Facts of recognition;

A. On December 12, 2019, the Plaintiff loaned KRW 13.9% per annum and KRW 16.9% per annum with interest rate per 16.9% per annum. On September 7, 2018, the Plaintiff loaned KRW 26,80,000 per annum with interest rate per annum 15.9% per annum and 18.9% per annum with interest rate per annum, and agreed to follow the credit transaction basic terms (hereinafter “each of the instant loan agreements”).

B. On the date of the first overdue payment of the installment repayment for each of the above loans by the Defendant, the loans as of December 12, 2019 are on April 20, 2020, and the loans as of September 7, 2018 are on May 20, 2020, and the payment of the installment repayment is in arrears thereafter.

The defendant has lost the benefit of time in accordance with the basic terms and conditions of credit transactions.

C. As of June 5, 2020, as of June 5, 2020, the status of loans owed by the Defendant under each of the instant loan agreements is as follows.

Details of claims (based on 05 December 2020) 1, 2019: (A) 13,042,088 Won interest/interest (B) 388,678 Won 13,430,766 Won 13,430,766 Won 21,212,705 interest/interest (B) 1,285,65 Won 0 Won 22,498,360

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 16.9% per annum from June 6, 2020 to the date of full payment with respect to KRW 13,042,08 of the above principal and interest of loans and KRW 35,929,126 of the above principal and interest of loans, and KRW 13,042,08 of the above principal and interest of loans, and damages for delay calculated at the rate of 18.9% per annum from June 6, 2020 to the date of full payment, respectively.

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

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