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(영문) 서울중앙지방법원 2018.09.14 2018가합544909

대여금

Text

1. As to KRW 210,297,096 and KRW 40,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 210,296 from May 12, 2018 to July 20, 2018.

Reasons

1. Basic facts

A. On January 12, 2017, the Plaintiff: (a) determined 40,000,000 won from the KEB but from the bank at an annual interest rate of 4.52%; (b) determined 200,000,000 won from the national bank on February 17, 2017 at an annual interest rate of 3.22%; and (c) lent each of the above loans to the Defendant on each lending date.

B. On December 29, 2017, the Plaintiff and the Defendant agreed to fully repay the Plaintiff’s 40,000,000,000 won borrowed from the Plaintiff on January 12, 2017, and the interest accrued at the rate of 4.52% per annum until April 30, 2018; and 200,000,000,000 borrowed from the Plaintiff on February 17, 2017; and the interest accrued at the rate of 3.22% per annum until May 31, 2018.

C. The Defendant repaid the Plaintiff KRW 15,00,000 on April 30, 2018, and KRW 25,000,00 on May 11, 2018, respectively, for the repayment of each of the above loans.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. As seen earlier, the Defendant’s determination on the cause of the claim is clear in calculating that the Defendant’s repayment of KRW 40 million on April 30, 2018, and KRW 25,000,000 on May 11, 2018 for the repayment of each of the above loans to the Plaintiff, and the Defendant’s repayment of KRW 40,00,000 on May 11, 2018 (= KRW 15,000,000) is insufficient to extinguish all of the principal and interest obligations to the Plaintiff, and there is no evidence to deem that there was an agreement or a designated appropriation of payment between the Plaintiff and the Defendant. Accordingly, each of the above payments must be appropriated in the order of court appropriation under Articles 479 and 477 of the Civil Act, and the result of the performance appropriation is as follows.

First, 15,00,000 won that the Defendant repaid to the Plaintiff on April 30, 2018, and ① the agreement between January 13, 2017 and April 30, 2018 on the loan claim of KRW 40,00,000 as of January 12, 2017 (i.e., KRW 40,00,0000 x 4.52% x 4.52% x 473 days / 365 days, and KRW 200,000,000 loan claims as of February 17, 2017 to April 30, 2018) and ② the above agreement between February 18, 2017 to April 30, 2018