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(영문) 수원지방법원 2017.06.21 2016가단44161

대여금

Text

1. As to the Plaintiff’s KRW 26,00,000 and KRW 21,00,000 among them, the Defendant shall start from November 1, 2008 to September 30, 2015.

Reasons

1. Evidence (A, A2);

2. Indication of claim; and

A. On September 26, 2006, the Plaintiff filed a demand notice procedure with the LIM and the Defendant to pay the loan amount of KRW 26,00,000 and KRW 20,000,00 with the Defendant jointly and severally, at the rate of 36% per annum from November 19, 2004 to the date of full payment. The Defendant received an order to pay the above amount of KRW 1,00,000 with the interest of KRW 36% per annum from October 28, 2005 to the date of full payment, and the Defendant became final and conclusive from October 17, 2006 with the payment order of KRW 5,00,000 with the original copy of the instant payment order of KRW 20% per annum from October 28, 200 to the date of full payment.

B. The Plaintiff received KRW 31 million from C, the Defendant’s debtor, from October 30, 2008, and appropriated the damages for delay up to October 31, 2008 for KRW 31,508,971.

C. Therefore, with respect to the Plaintiff KRW 26,00,000 and KRW 21,000,000 among them, the Defendant shall pay to the Plaintiff 36% per annum from November 1, 2008 to September 30, 2015, KRW 5,000,00 per annum from November 1, 2008 to September 30, 2015, KRW 20% per annum from September 30, 2008 to September 30, and KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Judgment by public notice (Articles 208 (3) 3, and 194 through 196 of the Civil Procedure Act).