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(영문) 창원지방법원 2020.07.23 2019가합57315
대여금
Text

1. The defendant shall pay to the plaintiff KRW 2,500,309,587 and KRW 1,905,00,000 among them, from January 28, 201 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) The plaintiff filed a lawsuit against the defendant on June 2, 2005 with the payment period of KRW 100,000,000 on December 2, 2005, ② the payment period of KRW 540,000 on August 16, 2007 was determined on December 15, 2007; ③ the payment period of KRW 1,265,000 on October 23, 207 was determined on December 30, 207 as the payment period of KRW 1,265,00 on December 30, 207; and each of the above loans was lent to the defendant at KRW 60,00 on December 30, 200, KRW 200 on September 25, 200, KRW 200 on each of the above loans was decided as KRW 300,005,00 on December 30, 205.

3) On January 27, 2011, the Plaintiff received reimbursement of KRW 150,000,000 from the Defendant. (4) On December 16, 2019, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of a claim under the foregoing judgment.

[Ground of recognition] The fact that the plaintiff is the applicant, each entry of Gap evidence Nos. 1 through 5 (including paper numbers), and the purport of the whole pleadings

B. According to the above findings of determination, the Defendant: 2,50,309,587 won (=1,905,000,000 won) = 595,309,587 won (i.e., the total damages for delay as of January 27, 201 [Calculation Form] ① From December 3, 2005 to July 13, 2009, KRW 5% per annum from December 3, 2009 to July 13, 2009: 18,054, KRW 100,000,000 】 (323/365) 】 50% per annum from January 27, 201 to KRW 50,000 x 205.36% per annum; 305% per annum; 205.45% per annum; 205% per annum from May 16, 2007.

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