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(영문) 대구지방법원 2017.11.10 2017가합200553

대여금

Text

1. The Plaintiff:

A. As regards Defendant B’s KRW 410,000,000 and its KRW 100,000,000 among them, Defendant B shall be from June 10, 2015; and 30,000.

Reasons

1. Basic facts

A. The Plaintiff lent money to Defendant B as set forth in the table below.

The amount of loans from around October 10, 201 to around August 12, 201, the amount of loans from around 100,000,000 D - the amount of loans from around October 10, 201, adjusted to 250,000,000 on December 3, 2011, and the interest rate of 10,000,000 on January 31, 2012 to 10,00,000,000 on April 31, 200, 200, 30,000,000,000 on April 30, 2015 to 10,50,000 on April 30, 200, C-105 to 10,500,000 won on April 30, 2015; however, Defendant C-10,000 won on June 16, 2015

B. After filing the instant lawsuit, Defendant B paid KRW 130,000,000 as the principal repayment for the Plaintiff or the loan principal.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each number, if any)

2. Determination

A. According to the above facts, the Plaintiff loaned money to Defendant B as above, and Defendant C is recognized as jointly and severally guaranteed as above. Meanwhile, the Plaintiff received a part of the principal and interest as above [Attachment], and the Plaintiff received KRW 130,000,000 as the principal and interest are paid after the instant lawsuit was filed from Defendant B or as the principal and interest are repaid.

Therefore, Defendant B, barring any other circumstances, with respect to the Plaintiff’s total amount of KRW 410,00,000 and KRW 100,000,000, which is part of the loans, from June 10, 2015, which is the date when the interest payment agreement is made; for KRW 30,000,000 which is the loan, from August 5, 2015, the amount of KRW 40,000 which is the loan from August 5, 2015, which is the date following the date when the last interest payment is made; and for KRW 120,000,000 which is a part of the loan, the interest or delay damages calculated at the rate of KRW 24% per annum from August 12, 205, which is the date following the date when the last interest payment is made to each complete payment