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(영문) 수원지방법원 성남지원 2018.05.04 2018가합172

약정금

Text

1. The Defendant’s KRW 205,022,240 as well as 12% per annum from December 18, 2014 to March 15, 2018 to the Plaintiff.

Reasons

1. The indication of the claim is as shown in the annexed Form “the cause of application”

However, in connection with auction dividends of KRW 116,338,198, inasmuch as there is no evidence to prove that there was a separate agreement on appropriation by the original and the Defendant for the appropriation of the dividends of KRW 116,338,198, the above dividends shall be appropriated in the order of principal for the agreed interest rate of KRW 295,79,79,000 under Article 479, Paragraph 1 of the Civil Code. However, the above dividends shall be appropriated in the order of principal for the loans of KRW 295,79,794,00 under Article 479, Paragraph 1 of the Civil Code. However, the Plaintiff sought the remaining principal of the loans by applying

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;