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(영문) 서울중앙지방법원 2015.10.13 2015가단5062947
대여금
Text

1. The Defendant’s annual interest in KRW 27,423,752 and KRW 6,010,536 among the Plaintiff, from February 13, 2015 to April 8, 2015.

Reasons

1. Facts of recognition;

A. On April 7, 2009, the Defendant received a loan from the Plaintiff at a rate of 18% per annum. The Defendant did not pay the principal and interest of the loan so that it lost its profit on January 7, 2015, and on February 12, 2015, the principal amount of the loan unpaid as of February 12, 2015 is KRW 60,010,536, and interest amount is KRW 385,536.

B. The Defendant again entered into an agreement with the Plaintiff on the credit card transaction with the Plaintiff, and obtained a credit card from the Plaintiff and used it. On February 12, 2015, the unpaid credit card price is the principal amount of KRW 18,428,401, interest amount of KRW 2,59,279, and the agreed overdue interest rate is 26.9% per annum.

[Ground for Recognition: Facts without dispute, entries in Gap 1 through 4 (including each number), the purport of the whole pleadings]

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 27,423,752 won (=6,010,536 18,428,401, 385,5362,59,279) and the remaining principal of the loan 6,010,536 won at an annual interest rate of 18% from February 13, 2015 to April 8, 2015, annual interest rate of 20% from the next day to the day of full payment, annual interest rate of 18% from the date of full payment, and interest rate of 18,428,401 won at an annual interest rate of 26.9% from February 13, 2015 to the day of full payment.

In regard to this, the defendant asserted that it is impossible to comply with the plaintiff's claim because he/she is in progress by the court 2014da217368, but it does not constitute a ground to block the plaintiff's claim. Therefore, this part of the defendant's argument is without merit.

3. Conclusion, the plaintiff's claim of this case is justified.

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