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(영문) 전주지방법원남원지원 2016.02.17 2015가단2240
대여금
Text

1. The Defendant shall pay 13,700,000 won to the Plaintiff and 20% per annum from August 26, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Since 2005, the Plaintiff borrowed money to the Defendant and received some of the money.

B. On January 12, 2015, the Plaintiff and the Defendant determined that the leased principal was KRW 27,700,000,000, and that the said amount was paid as follows.

(hereinafter “instant agreement”). The due date for repayment: Interest on December 30, 2016: 20% per annum: Loss of profit by the 25th day of each month: The obligor shall lose the due date if the payment of interest is delayed at least once.

If a creditor requests the principal and interest even before the due date, the debtor shall, without objection, make a performance.

shall be repaid in installments each month.

(25th day of each month). February 2015, 2015, five million won shall be deposited in the Gu administration, and repayment shall be made in installments from August 2015 to December 30, 2016.

(25th of each month).

After the agreement of this case, the Defendant paid the Plaintiff KRW 5,00,000 as principal repayment, KRW 3,000,00 as of September 26, 2015, KRW 5,000 as of October 5, 2015, KRW 1,000,00 as of October 5, 2015, and KRW 1,00,000 as of the end of 2015. Accordingly, the Defendant paid the Plaintiff a total of KRW 14,00,000 as principal repayment.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the Defendant was unable to pay the installment payment on August 25, 2015, which is the date of the initial installment payment as stipulated in the instant agreement.

(A) The Defendant is obligated to pay the Plaintiff the balance of the leased principal of KRW 13,700,000 (in the absence of any dispute) and damages for delay calculated by the rate of 20% per annum from August 26, 2015 to the date of full payment, which is the day following the date of initial installment payment, to the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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