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(영문) 서울남부지방법원 2014.06.25 2013가단16835
어음금
Text

1. As to KRW 20,272,630 and KRW 16,772,630 among the above money and KRW 16,772,630 from July 12, 1996 to August 30, 1997.

Reasons

1. Facts of recognition;

A. The plaintiff filed a lawsuit against the defendant for the claim for promissory notes (Seoul District Court Branch 97Gadan31189) and the above court rendered a judgment that accepted the plaintiff's claim on December 2, 1997 (the order: the defendant shall pay to the plaintiff the amount of KRW 17 million and the amount of 5% per annum from July 12, 1996 to August 30, 1997; 25% per annum from the next day to the date of full payment); and the above judgment became final and conclusive on January 10, 198.

(hereinafter “existing Judgment”). (b)

Meanwhile, from October 2, 2003 to December 14, 2009, the Plaintiff lent a total of KRW 3.5 million to the Defendant five times in total, and detailed lending details are as follows.

The temporary amount of the sequence 100,000 won on October 2, 2003, 2000 won on October 2, 2003, KRW 3.5 million on December 16, 2005, KRW 3.5 million on December 5, 2005, KRW 400,000 on December 30, 2006, KRW 5.5 million on December 14, 2009

C. On January 14, 2013, the Plaintiff filed an application with this court for a payment order seeking the payment of the said judgment and the loan. On September 12, 2013, the Plaintiff recovered KRW 227,370 out of the said judgment amount through compulsory execution against corporeal movables owned by the Defendant, and the said amount was appropriated for the repayment of principal.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 19, 24 (including Serial number), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, unless there are special circumstances, the defendant calculated 20,272,630 won for the plaintiff (16,772,630 won for outstanding principal 16,772,630 won for outstanding interest - 3.5 million won for outstanding interest - 227,370 won for outstanding interest - 16,772,630 won for outstanding interest - 16,730 won for outstanding interest , as prescribed by the previous decision, 5% per annum from July 12, 1996 to August 30, 197, and 25% per annum from the following day to the date of full payment, and 3.5 million won for loans from February 21, 2013 to the date of service of the original copy of the payment order, and 20% per annum per annum from February 21, 2013 to the date of full payment.

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