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(영문) 대전고등법원 (청주) 2018.12.05 2018나2340

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 31,849,31 and KRW 28,876,980 among them.

Reasons

1. The Plaintiff asserted that from March 1, 2004 to December 2, 2008, the Plaintiff loaned 1.12 billion won per annum to the Defendant at the rate of 13% per annum, without setting the due date. From the end of 2009, the Plaintiff notified the Defendant of the repayment of the above loan. From October 31, 2010, the Defendant repaid KRW 1,083,323,020 to the Plaintiff.

However, until October 31, 2010, KRW 346,034,91 was incurred as damages for delay of the above loan, and the repayment amount is deemed to have been appropriated as principal for the convenience of calculation. Thus, the Defendant shall pay to the Plaintiff damages for delay calculated by the agreement of 13% per annum from November 1, 2010 to the day of full payment of the principal amount of KRW 28,876,980, totaling the remaining principal amount of KRW 346,034,911, and the aforementioned damages for delay, which the Defendant shall pay to the Plaintiff damages for delay calculated with the agreement of 13% per annum from November 1, 2010 to the day of full payment of principal amount.

2. Determination

A. 1,12,20,00 won was loaned to the Defendant at a rate of 1,10,000 won per annum from March 1, 2004 to December 2, 2008 by the Plaintiff’s request from the Defendant’s president for the name of the Defendant’s establishment and project costs, etc.; the Plaintiff received KRW 1,083,323,020 from the Defendant’s preparatory document from October 13, 2017 to KRW 32,50,000,000, total of KRW 1,083,323,020, 323,020, the Plaintiff received from the Defendant’s president and KRW 2,500,000,000,000 for the remainder of KRW 90,823,02,000,000,000,000 for the principal and KRW 2,500,000,000,00.

The fact that he received the reimbursement, and the defendant's third special meeting held on January 8, 2010 is the case of "report on and approval of the subsidization of the project cost".