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(영문) 서울동부지방법원 2016.09.22 2016가합699
대여금
Text

1. The Defendant’s KRW 274,765,986 as well as the Plaintiff’s KRW 6.9% per annum from February 16, 2016 to August 19, 2016.

Reasons

On September 5, 2013, the Plaintiff: (a) repaid the principal and interest of KRW 400 million each year to the Defendant, who is his/her employee, in installments for ten (10) years; (b) provided loans by the Defendant with the payment of interest in arrears for at least two (2) months; (c) determined the remainder of the principal as KRW 276,147,685 with the Plaintiff’s withdrawal on August 31, 2015; and (d) determined interest thereon at the rate of 6.9% per annum; and (e) agreed that the remaining principal and interest shall be repaid in 11 installments between October 23, 2015 and August 31, 2016 (hereinafter “instant agreement”); (d) pursuant to the instant agreement, the Defendant paid interest of KRW 300,000 on October 23, 2015; and (e) agreed that the Defendant paid the principal and interest of KRW 1618,301 and KRW 2968,757.68.6

The above KRW 5.9 million is apparent in the calculation of the lack to cover interest from October 24, 2015 to February 15, 2016 on KRW 274,765,986. As such, the Defendant is obligated to pay interest and delay damages calculated at each rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as requested by the Plaintiff, from February 16, 2016 to August 12, 2016, on the record that the delivery date of a copy of the claim and the application for change of the cause of the claim as of August 19, 2016, which is apparent from the date of repayment to the date of delivery of a copy of the application for change of the claim and the cause of the claim as of August 19, 2016.

Therefore, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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