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(영문) 서울중앙지방법원 2017.06.09 2016가합26308
구상금
Text

The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from December 29, 2016 to the day of complete payment.

Reasons

Description of Claim

The Plaintiff and the Defendant jointly borrowed KRW 10,00,000,00 for interest on March 28, 2014, which was determined on April 28, 2014 as the maturity date, and KRW 110,00,00 for interest on March 31, 2014, and KRW 100,000 for the maturity date on June 30, 2014, respectively (hereinafter “each of the instant loans”), but actually received all of the above loans from the Defendant. In fact, the Plaintiff and the Defendant, inside the context of each of the instant loans, have assumed all of their obligations.

After the due date of each of the instant loans, C and the Plaintiff and the Defendant paid the principal and interest of each of the instant loans. Accordingly, on October 17, 2015, the Plaintiff recovered the total amount of KRW 300,000,000 (= Principal KRW 90,000,000) (= Principal KRW 210,000) and repaid all of them.

On March 10, 2016, the Plaintiff notified the Defendant that all of the principal and interest of each of the instant loans were repaid, and requested the Defendant to pay KRW 300,000,000 as a reimbursement. On April 12, 2016, the Defendant issued a certificate of content that all of the Plaintiff’s claims are accepted.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 300,000,000 as indemnity and damages for delay calculated at the rate of 15% per annum from December 29, 2016 to the date of full payment after the delivery of the original copy of the instant payment order, as requested by the plaintiff.

Judgment by Publication of Applicable Provisions of Civil Procedure Act (Article 208 (3) 3 of the Civil Procedure Act)

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