대여금
1. The Defendant paid 239,892,100 won to the Plaintiff and paid 6.9% per annum from January 22, 2015 to June 1, 2017.
1. The description of the claim is as shown in the annexed sheet of claim.
2. The plaintiff is a company of the Republic of Korea and the defendant is established under the Indonesia Act, and this case constitutes a case with foreign elements, and the governing law should be determined under the Private International Act.
Article 26(1) of the Private International Act provides that “If the parties concerned fail to choose the applicable law, the contract shall be governed by the law of the country most closely related to the contract.”
According to Article 5 of the Money Loan Agreement (Evidence A No. 1) entered into between the Plaintiff and the Defendant, “The Defendant shall repay the principal and interest of the loan to the Plaintiff’s domicile or at the place designated by the Plaintiff, or remit it to the bank account designated by the Plaintiff.” Thus, the Defendant’s loan obligation is a witness obligation.
Therefore, since a monetary loan contract between the plaintiff and the defendant is most closely related to the Republic of Korea, which is the plaintiff's domicile, the governing law of this case is Korean law.
3. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;