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(영문) 서울남부지방법원 2017.12.22 2017가합100636

대여금

Text

1. The Defendant’s KRW 400,000,000 as well as the Plaintiff’s annual amount of KRW 8.625% from December 1, 2016 to February 6, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that engages in aviation, maritime, transportation arrangement business, etc., and the Defendant is a corporation that engages in combined freight forwarding business, etc.

B. The Plaintiff lent KRW 1.25 billion to the Defendant as follows.

(2) The term “the instant loan” refers to “the instant loan” and the remaining loan after repayment refers to “the instant remaining loan,” and, in case of referring to individual loan transactions, referring to “the first loan” method according to the following table). The interest rate for the original loan payment date (the original loan) and the annual extension rate of 9% on February 28, 2010 on November 28, 2010 shall be 8.5% per annum 30 million per annum on March 30, 2011 and 8.5% per annum on March 28, 2012 on March 18, 2013 and 400 million per annum on November 15, 2013. < Amended by Presidential Decree No. 23748, Dec. 25, 2013>

C. The defendant

3.(a)

Except for the part disputing the additional repayment as set forth in the paragraph, the repayment was made in total of KRW 850 million as follows.

The fact that, on November 25, 2010, the loan subject to 300 million won of the total amount of the second loan on December 26, 2013, out of the loan No. 14 of December 26, 2013, the remainder of the fourth loan of KRW 50 million on January 3, 2014, the remainder of KRW 50 million on April 30, 2014 - No dispute over the ground for recognition - April 30, 2014 - The entries in the evidence No. 1 through 11, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. According to the above facts, the instant loan remains at KRW 400 million according to the Defendant’s repayment (i.e., KRW 1250 million - KRW 850 million).

Meanwhile, until November 30, 2016, the Plaintiff was paid all interest or delay damages on the instant loan by November 30, 2016.

(b)the following:

3.(a)

2) As seen in Article 476(2) of the Civil Act or Article 477 subparag. 2 of the Civil Act (Article 477 of the Civil Act), the interest rate on the remaining loan amount of KRW 400 million [the first loan amount of KRW 100 million (interest rate of KRW 9%) and the third loan of KRW 300 million (interest rate of KRW 8.5%)] is 8.625% per annum [the third loan of KRW 34.5% per annum 34.5% per annum] of the Plaintiff’s repayment of the designated appropriation (Article 476(2) of the Civil Act) or the payment of the first loan of KRW 500 million according to the payment of the Plaintiff’s repayment of the repayment of the repayment of the repayment of the loan (Article