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(영문) 인천지방법원 부천지원 2018.04.13 2017가합932

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A and B jointly share KRW 771,794,789 and their related thereto from March 18, 2004 to November 30, 2007.

Reasons

1. The description of the grounds for the claim (attached Form) is as specified;

As of November 24, 2017, the Plaintiff sought payment of the principal amount of KRW 550,798,051 in total (i.e., the principal amount of KRW 200,000,000 delay damages) against Defendant C (i.e., KRW 350,798,051).

The Plaintiff’s loan to Defendant C shall be KRW 200,00,00 as principal and interest and shall be KRW 37,049,180 per annum from March 18, 2004 to November 30, 207 as recognized in the previous final and conclusive judgment as of September 3, 2014, which is the date of the preparation of the distribution schedule (i.e., the amount of damages for delay calculated at the rate of 5% per annum 37,049,180 [20,00,00 x 0.05 x 0.05 x (3258/366), less than KRW 366), 270,356, 164 [20,00,00, 3040, 369, 4746, 205 x 47946, 207, 4796, 2094].

If the principal is added to the loan principal amount of KRW 200,000,000 as of the remaining principal amount, the damages for delay calculated by the rate of 20% per annum from September 4, 2014 to November 24, 2017 (=200,000,000 x 0.2 x 382/365) shall be 587,162,29 [the principal amount = 387,162,29 won [the damages for delay of KRW 200,00,000]. The principal amount of the loan to the Defendant C shall be 128,986,301 won [the damages for delay calculated by the rate of 20% per annum from November 24, 2017 (=258,175,998,128,986,301 won];

Therefore, Defendant C is obligated to pay KRW 550,798,051 to the Plaintiff, among the above KRW 587,162,299.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;