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(영문) 대구지방법원포항지원 2017.06.13 2017가단719

이자금

Text

1. The Defendant shall pay to the Plaintiff KRW 68,911,753 and the interest rate of KRW 12% per annum from January 20, 2017 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of Gap evidence No. 2 and the whole arguments, the plaintiff may recognize the fact that the plaintiff prepared a document of borrowing money with the defendant as "70,000,000 won in daily payment, and one copy with interest on April 24, 2013, and one copy" on November 22, 2012, and the plaintiff was repaid KRW 32,501,945 from the defendant on January 19, 2017. Thus, the plaintiff is a person who received reimbursement of KRW 32,50,911,753 in the payment of legal obligation under Article 479 of the Civil Act, unless the parties agree or have designated the payment of obligation, the principal amount shall be 68,91,753 won in the payment of legal obligation under Article 479 of the Civil Act. [The principal amount shall be 31,413,698 won in the payment of obligation (=70,000,0000 x 12% x 1,365/365]

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining 68,911,753 won of the loan and damages for delay calculated by the rate of 12% per annum from January 20, 2017 to the date of full payment, which is the day following the date of the repayment of the loan. Thus, the Plaintiff’s claim is justified.

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