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(영문) 수원지방법원 2016.08.24 2016가단10304
대여금
Text

1. The Defendant’s interest rate of KRW 178,658,090 and KRW 70 million among the Plaintiff shall be from March 17, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff had a total amount of KRW 70,650,000 loans to the Defendant. However, even if the Defendant recognized that the Plaintiff was liable for a debt amounting to KRW 70,000,000, the Plaintiff did not repay the loan to the Plaintiff, and the Plaintiff did not pay it.

B. Accordingly, the Plaintiff filed a lawsuit against the Defendant for a loan claim against Suwon District Court 2005Kadan24604, and the above court rendered a judgment on September 15, 2006 that “the Defendant shall pay to the Plaintiff the amount of KRW 70 million and the amount calculated at the rate of 20% per annum from August 27, 2006 to the date of full payment,” and the above judgment became final and conclusive around that time.

C. On May 14, 2008, the Plaintiff received dividends of KRW 14,446,086 from the Suwon District Court C’s distribution procedure to the Defendant, and the Defendant’s ancillary D wired KRW 10,660,850 to the Plaintiff’s bank account on March 16, 2016.

The Plaintiff’s credit against the Defendant remaining as of March 16, 2016 includes the principal of KRW 70 million and interest of KRW 108,658,090 plus interest of KRW 108,658,090, May 14, 2008, and interest of KRW 24,021,857 calculated at the rate of KRW 20% per annum from August 27, 2006 to May 14, 2008 [The Plaintiff’s credit is KRW 70,658,000 with interest of KRW 70,446,00 x 200 x 700 x 965 x 706 x 9616 x 705 x 9605 x 706 x 706 x 706 5,75165 x 7065 x 7006 5,7516

(e).

The Plaintiff filed the instant lawsuit in order to extend the prescription period for the claim for judgment of the instant case.

[Ground of recognition] Facts without dispute, Gap 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount according to the above final judgment.

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