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(영문) 광주지방법원목포지원 2016.08.25 2016가합10143

대여금

Text

1. The Plaintiff:

A. Defendant B shall pay full amounts of KRW 294,054,444 and KRW 200,820,881 among them from February 26, 2016.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff loaned KRW 450 million to Defendant B from November 10, 2008 to January 20, 201, as listed in the table below, and the Defendant C jointly and severally guaranteed the loans 50 million as indicated in the table below (hereinafter referred to as the following table 1, the instant first loan, the instant second loan 2, the lower table 3, the following table 3, the loans 4, the following table 3, and the loans 4, the following table 3, and the instant loans 50 million to each of the instant loans, including each of the above loans.

(2) On November 201, 208, the Defendant borrowed 100 million won from the Plaintiff on December 201, 201, and repaid all the interest on the loans of this case 20 million won on January 14, 2009, Jan. 14, 2008. < Amended by Presidential Decree No. 21354, Oct. 20, 201; Presidential Decree No. 21348, Oct. 201; Presidential Decree No. 21358, Oct. 2011; Presidential Decree No. 2320, Oct. 18, 2009; Presidential Decree No. 23250, Oct. 2011; Presidential Decree No. 23258, Feb. 20, 2011>

3) Defendant B repaid to the Plaintiff KRW 56 million on May 10, 201, KRW 2 million on May 12, 2011, KRW 200 million on July 24, 2012, KRW 80 million on April 10, 2013, KRW 200 million on March 20, 201, and KRW 200 million on March 20, 2014. [In the absence of dispute over the grounds for recognition, evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence evidence

B. Determination 1) The amount repaid by Defendant B is insufficient to fully repay each of the instant loans. As such, the amount of KRW 56 million that Defendant B repaid to the Plaintiff on May 10, 2011 according to the method of statutory appropriation of performance under Articles 477 and 479 of the Civil Act shall be met as follows. (A) The amount of KRW 33,00,000,000 agreed on January 21, 201 to May 10, 2011 (=450,000 x 2% per month x (30,200/300 per month) was appropriated for the repayment of principal of the instant loan to the Plaintiff on May 10, 201 (the remainder of the instant loan).