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(영문) 인천지방법원부천지원 2017.05.26 2016가단19123
대여금
Text

1. As to KRW 216,575,30 among the Plaintiff and KRW 100,000 among them, the Defendant shall annually pay to the Plaintiff the amount of KRW 216,575,330 from March 5, 2015 to July 18, 2016.

Reasons

1. On July 21, 2009, the payment period of KRW 100,000 to the Defendant on July 21, 2009, and the interest rate of KRW 30% per annum is determined and lent by the Plaintiff to the Defendant as a broker of C who operated the lending company on July 22, 2008 (hereinafter “instant loan”).

Meanwhile, the Plaintiff, on the other hand, paid the Plaintiff the amount indicated in the “amount of repayment” on the date indicated in the separate sheet for calculation of the amount appropriated by C, and is the amount repaid by the Defendant. Thus, there is no evidence to acknowledge that there was an agreement or designation on the appropriation of payment among the parties. Thus, if the payment of payment is made in accordance with Article 479 of the Civil Act, the amount of the principal shall remain 100,000,000 and delay damages shall be 116,575,30,000, as in the separate sheet for calculation of the amount appropriated by C until March 4, 2015.

Therefore, with respect to the Plaintiff’s total sum of KRW 216,575,30 as well as the principal amount of KRW 100,000,000 among them, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 30% per annum from March 5, 2015, which is the day following the last repayment date until July 18, 2016, the delivery date of the original copy of the instant payment order, and within the rate of 15% per annum as the agreement is within the next day to the day of full payment.

[On the other hand, when calculating the amount from April 21, 2010 to March 4, 2015 among damages for delay by the rate of 30% claimed by the Plaintiff, 146,136,986 won (=10,000,000 won x 30% per annum x (4 year 318,365 days) x (4 year / 365 days)). Thus, the part in this part of the claim exceeds 116,575,30 won calculated as above is without merit).

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