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(영문) 서울동부지방법원 2015.08.18 2015가합2247
대여금
Text

1. The Defendant’s KRW 119,422,062 as well as the Plaintiff’s KRW 9.6% per annum from January 9, 2015 to March 20, 2015.

Reasons

1. The Plaintiff, on July 7, 2008, lent to the Defendant interest rate of KRW 9.6% per annum and the due date of repayment of KRW 100,000 on February 28, 2009. The Plaintiff, on March 23, 2009, lent KRW 9.6% per annum and the due date of payment of KRW 9.6% on June 22, 2009.

On March 6, 2009, the Plaintiff received interest of KRW 20,000,00 from the Defendant on the total amount of KRW 150,000,000,000 from each of the above loans. After then, the Plaintiff received interest on KRW 30,000,000 from each of the above loans until April 5, 2010. On January 8, 2015, the Plaintiff received dividends of KRW 82,062,430 from the auction procedure of the Defendant’s real estate ownership until January 8, 2015, and appropriated the said loans for repayment of KRW 71,484,492 from the principal amount and KRW 10,57,938 from the principal amount.

Therefore, the Defendant is obliged to pay the remainder of the loans to the Plaintiff (i.e., KRW 150,00,000,000 - KRW 20,000,000 - KRW 10,577,938) and damages for delay from January 9, 2015.

2. Judgment made by the confession of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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