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(영문) 서울서부지방법원 2020.01.14 2018가단11186
대여금
Text

1. The Plaintiff:

A. Defendant B shall complete the payment from July 14, 2008 with respect to KRW 23,500,000 and KRW 13,500,00 among them.

Reasons

1. Around July 13, 2007, the Plaintiff: (a) lent to the Defendants the remainder of KRW 13,500,000,000 for the auction price of the E apartment units F on one parcel of land, other than D, Chungcheongnam-gun; (b) on July 13, 2008, the Plaintiff agreed to prepare a written settlement of the above loan, etc. and pay the Plaintiff KRW 5,140,000 as an auction compensation in addition to the above loan.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, and purport of the whole pleadings

2. According to the above facts, Defendant B is jointly and severally liable to the Plaintiff for delay calculated at the rate of 30% per annum within the limit of the Interest Limitation Act from July 14, 2008 to the day of full payment, to the day of full payment, for the amount of KRW 23,50,000,000 (i.e., KRW 13,50,000,000 per annum until the due date of repayment of KRW 5,140,000) and for the amount of KRW 13,50,000 per annum from May 29, 2019 to the day of full payment of KRW 30,000,000 per annum of the agreed auction compensation and the agreed amount of KRW 5,140,00,000 per annum from the agreed amount of KRW 13,50,860,000 per annum of the agreed amount of KRW 300,00 per annum of the agreed amount of KRW 30,816.

3. The plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.

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