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(영문) 광주지방법원순천지원 2019.03.27 2018가단78821

대여금

Text

1. The defendant shall pay to the plaintiff KRW 42,039,656.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination as to the cause of claim

A. On June 28, 201, the Plaintiff: (a) repaid KRW 480 million to the Defendant on June 28, 201; (b) on June 28, 2026, the due date for payment; (c) KRW 0.67% per annum; (d) 21% per annum; and (e) on June 28, 2016, the principal was repaid in installments every one month from June 28, 201, after five years from the due date for payment; and (b) on June 28, 2011, the Plaintiff loaned the amount of KRW 20 million to the Defendant as the due date for payment on June 28, 2013; and (c) on June 28, 2011, the Plaintiff loaned the amount of KRW 20 million (loans for self-reliance in the subject of loans) to the Defendant at the rate of 1.13% per annum, and 21% per annum.

3) As a security for each of the above loans, the Defendant set up a right to collateral security of KRW 630 million with respect to the land and the above ground buildings, etc. owned by the Defendant. 4) In the case of the real estate auction of real estate E in the Gwangju District Court Real Estate, which was conducted with respect to the above real estate, the Plaintiff submitted a claim statement of KRW 672,367,104 (the principal amount of KRW 500,009,805 KRW 172,357,29) in total, but did not receive overdue interest of KRW 630,000,000 for up to July 18, 2017, but did not receive overdue interest of KRW 42,039,656.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence, purport of whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay 42,039,656 won overdue interest to the plaintiff.

2. Conclusion, the plaintiff's claim is accepted for reasons.