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(영문) 대전지방법원서산지원 2015.06.19 2015가단573
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,881,161 and a rate of KRW 20% per annum from March 13, 2015 to the date of complete payment.

Reasons

The Plaintiff asserts that on September 28, 201, the Defendant lent KRW 40,000,000 to the Defendant with interest rate of KRW 24% per annum and due date set on September 28, 2012. The Defendant is deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.

According to the above facts, the defendant calculated the total amount of principal and interest of the remaining loan 49,881,161 won to the plaintiff as follows.

① From November 20, 2012 to January 20, 2015, the Plaintiff seeks 24% interest rate of 17,081,161 per annum from November 20, 2015, which is the filing date of the instant lawsuit sought by the Plaintiff from November 20, 2012 to January 20, 2015 (32,80,000,000 of the borrowed principal) x (2 years + 62/365 days +) x (2 years + 49,81,161% interest rate of 24% interest rate of 32,81,161, and delay damages from the following day to the date of the instant lawsuit) the remainder of the borrowed principal after deducting KRW 7,20,00,000 from the Plaintiff who was paid the repayment amount of KRW 40,000,000).

Therefore, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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