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(영문) 광주지방법원목포지원 2017.05.31 2017가단1354
대여금 등
Text

1. The Defendant shall pay to the Plaintiff the annual amount of KRW 867,938,55 and KRW 464,181,485, whichever is applicable, from February 20, 2017 to the day of full payment.

Reasons

The following facts can be acknowledged in light of the overall purport of the arguments in the statement Nos. 1 through 3.

The Defendant shall respectively determine the repayment period of KRW 620,00,000 on November 16, 2012 from the Plaintiff as of November 16, 2015, and the rate of delay interest rate of KRW 21% per annum, etc.

B. After that, the Defendant lost the benefit of each of the above loans, and the Plaintiff exercised the right to collateral security established on the real estate owned by the Defendant, and appropriated each of the above loans for part of the proceeds from the sale.

C. As of February 20, 2017, each of the above loans owed by the Defendant against the Plaintiff is KRW 867,938,555 (i.e., KRW 290,526,807, KRW 386,885,704, KRW 190,526,04). Of each of the above money, the principal of the loans is KRW 464,181,485 (= KRW 152,912,02, KRW 229,88,472, KRW 81,380,990).

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 867,938,55 won of the principal and interest of each of the above loans, and damages for delay calculated by an agreement of 21% per annum from February 20, 2017 to the date of full payment, which the Plaintiff seeks, after the date of loss of the interest of the time limit for the principal amounting to 464,181,485 won.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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