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(영문) 인천지방법원 2015.01.23 2013가합20317

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 1,462,211,348 as well as 30% per annum from June 1, 2013 to the date of full payment.

Reasons

Description of Claim

From February 5, 2010 to March 9, 2013, the Plaintiff: (a) determined a sum of KRW 2,581,350,000 on 124 occasions as indicated in the “loan Amount” in the separate sheet for each loan loan in the attached list; (b) lent KRW 1,618,760,00 from the Defendant as indicated in the “Repayment Amount” column in the same list; and (c) received reimbursement from the Defendant.

Of the above repayment amount, the agreed interest rate of KRW 508,212,98 is within the agreed interest rate from the date following each lease date to May 31, 2013, and the interest rate of KRW 30% per annum under the Interest Limitation Act is applicable to the repayment of interest calculated at the rate of 30% per annum. If the remainder is appropriated for the repayment of the principal, the remaining loan principal as of May 31, 2013 is actually calculated as of KRW 1,470,802,988 (i.e., the interest rate of KRW 2,581,350,000 (the interest rate of KRW 508,212,988 - the repayment amount of KRW 1,618,760,00) or the amount as claimed by the Plaintiff, as sought by the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages at the rate of 30% per annum from June 1, 2013 to the date of full payment.

Judgment by service based on recognition (Article 208 (3) 3 of the Civil Procedure Act)