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(영문) 수원지방법원 2015.08.13 2015가단107133
대여금
Text

1. The Defendant’s KRW 28,602,301 and KRW 26,968,720 among the Plaintiff’s KRW 33.5% per annum from January 6, 2015 to the date of full payment.

Reasons

On May 7, 2014, the Plaintiff loaned 23% per annum to the Defendant, overdue interest rate of KRW 30,000,000 per annum, 33.50% per annum, and repayment method by setting the repayment method by installments for 26 months during the lending period, the Defendant lost its interest on January 5, 2015 due to the Defendant’s failure to repay the principal and interest, and the Defendant paid the principal amount of KRW 3,031,280 up to the time when the due interest was lost, but the Defendant did not pay the interest of KRW 1,502,182 and damages for delay of KRW 131,39 may be acknowledged by comprehensively taking into account the overall purport of the pleadings as stated in the evidence A through 3.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying the overdue interest rate of 33.50% per annum, which is the overdue interest rate from January 6, 2015 to the day of full payment of the principal, interest, and delay damages (=26,968,720 won of the remaining principal (=30,000,000 of the principal of the loan 3,031,280), and the overdue interest of KRW 1,502,182 of the loan 1,502,182 of the late payment penalty of KRW 131,399] as to the remaining principal and KRW 26,968,720 of the remainder.

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

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