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(영문) 인천지방법원 2016.10.27 2016가단8717

대여금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 28,945,345 as well as the interest rate from March 4, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the wife of Defendant B, and Defendant C is the wife of Defendant B.

B. From November 7, 2008 to March 25, 2015, the Plaintiff determined and lent to the Defendants a total of KRW 48,650,000 per annum (18% per annum from July 31, 2012 to March 25, 2015) as stated in the loan sheet for appropriation of appropriation for payment in attached Form as living expenses.

(hereinafter “instant loan”). C.

From December 30, 2008 to March 2, 2016, the Plaintiff received from the Defendants each amount indicated in the column of payment on the date of satisfaction of the obligation (hereinafter “instant amount”) as indicated in the attached Table of Appropriation of Claim from the Defendants.

Of the instant amount repaid, KRW 3,00,000, out of the money that the Plaintiff received from the Defendant from December 5, 2015 to March 2, 2016, was appropriated for the principal of the instant loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including each number in case of a tentative number) and the purport of the whole pleadings

2. As of March 2, 2016, the Plaintiff asserted that the principal of the instant loan was KRW 37,000,000,000 and sought payment of the principal and interest or delay damages thereon.

3. Determination

A. We examine the following facts: (a) calculated by appropriating the instant reimbursement in the order of interest and principal pursuant to Article 479 of the Civil Act; and (b) calculated by appropriating the instant reimbursement in the order of interest and principal pursuant to Article 479 of the Civil Act; and (c) the principal amount of the loan as of March 2, 2016, as indicated in the attached Table of Appropriation of Performance, and interest or delay damages amounting to KRW 28,945,345; and

B. Therefore, the Defendants jointly and severally and severally, pursuant to Article 832 of the Civil Act, within the scope of the principal and interest of the instant loan, and the interest agreed thereon, as sought by the Plaintiff within the scope of the principal and interest of the loan, shall be interest or delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from March 4, 2016 to the day of full payment, as sought by the Plaintiff.