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Reasons
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(영문) 인천지방법원 2021.02.03 2020가단242040
대여금
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1. The Defendant’s KRW 19,628,99 and KRW 1,328,99 among the Plaintiff shall be from November 26, 2019 to the day of full payment.

Reasons

1. The plaintiff's assertion

A. On March 25, 2018, the Plaintiff set KRW 20,000,00 to the Defendant at an annual interest rate of KRW 2% per annum to KRW 4.5% per annum (hereinafter “loan”). The Defendant paid the interest on the said loan, as indicated in the [Attachment] column for the changed amount” column.

If the interest paid in excess of the maximum interest rate of 24% per annum is appropriated for the principal, the principal of the loan remains 9,328,99 won as of November 25, 2019.

From November 26, 2019 to January 13, 2021, interest or delayed damages calculated at the rate of 24% per annum on the remaining principal amount are 2,545,667 won.

B. The Plaintiff lent KRW 10,400,000 to the Defendant on July 25, 2018 (hereinafter “B lending”) (hereinafter “B lending”), the Plaintiff did not assert an agreement on interest on the loan.

The purpose of the claim against the above loan on June 29, 2020 and the amount of delayed damages calculated by the rate of 12% per annum from July 3, 2020 to January 13, 2021, which is the date of delivery of a copy of the application for change in the cause of claim, shall be KRW 1,33,479.

(c)

The Plaintiff paid KRW 300,000 to the Defendant on December 25, 2019, despite the completion of the accounts with Defendant, and thus, the Defendant is obligated to return the said money to the Plaintiff.

(d)

Therefore, the Defendant is obligated to pay to the Plaintiff damages calculated at the rate of 24% per annum from January 14, 2021 to the day of full payment, ② from January 14, 2021 to the day of late payment, ② from January 14, 2021 to the day of late payment, ② from January 14, 2021 to the day of late payment, the amount of damages calculated at the rate of 12% per annum from January 14, 2021 to the day of late payment, ② from January 14, 200, the amount of principal of the loan to KRW 10,40,000.

2. Determination

A. The following facts do not conflict between the parties, or may be acknowledged by the purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 1, 2, and the whole arguments.

1) The Defendant shall pay KRW 1,00,000 each month from March 25, 2018 to November 25, 2019.

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