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(영문) 수원지방법원 안산지원 2018.10.10 2018가단6020

대여금

Text

1. Defendant B’s 61,365,840 won and 36,480,000 won among the Plaintiff’s 61,365,840 won annually from March 23, 2018 to October 10, 2018.

Reasons

1. Claim against the defendant B

A. Comprehensively taking account of the respective descriptions and the overall purport of the pleadings as indicated in the evidence Nos. 1 and 2, the Plaintiff may recognize the fact that on August 4, 2010, the Plaintiff leased KRW 40 million to Defendant B at the maturity of payment on November 20, 2010 and at KRW 1.5% (600,000) per month interest, and the Plaintiff is a person who received a total of KRW 2,59,000 from January 20 to July 4, 2014, as indicated in the separate sheet.

B. However, under the premise that the Plaintiff’s 6 million won repaid on April 24, 2013 is appropriated for the damages for delay from January 2013 to October 2013, 2013, the Plaintiff asserts that, based on October 20, 2017, 40 million won of the leased principal, 23.4 million won of the unpaid damages for delay from July 21, 2014 to October 20, 2017, and 6 million won of the leased principal, 3.4 million won of the unpaid damages for delay from July 21, 2017, and 23.4 million won of the leased principal, while the Defendant claims damages for delay from the leased principal, the Defendant’s payment on April 24, 2013 shall be appropriated for the leased principal.

In accordance with Article 479 of the Civil Act, 6 million won paid on April 24, 2013 shall be 2,480,000 won [=2,40,000 won for a period from December 21, 2012 to April 20, 2013 to April 24, 2013, 4-80,000 won for a period from April 21, 2013 to April 24, 2013 + 60,000 won x 4/30 days x 4.520,00 won] first and remaining after being appropriated for the leased principal (i.e., 6 million won - 248,00 won). Accordingly, the remainder of the leased principal after such appropriation shall be 3,648,00 won (=4,000 won for a period from April 21, 2013 to April 24, 2013).

C. Therefore, loans unpaid as of October 20, 2017 shall be KRW 3,648,00 of the leased principal, KRW 24,885,840 of the loan principal, and KRW 24,885,840 of the damages for delay [= KRW 547,200 of the monthly damages for delay of 1 month = KRW 547,200 (i.e., KRW 3,6480,000 x 1.5% per month x 1.5% per month) x (26/30 days from April 25, 2013 to September 24, 2017) - Amount of KRW 4,590,000 of the repaid principal from May 29, 2013 to July 4, 2014 (= KRW 510,000 x KRW 510,09)] 6365,840 of the loan principal of this case to the Plaintiff.

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