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(영문) 광주지방법원해남지원 2016.10.13 2016가단2182
대여금
Text

1. As to KRW 22,307,650 and KRW 22,00,00 among them, the Defendant shall annually pay to the Plaintiff KRW 22,30,000 from May 14, 2016 to October 13, 2016.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the purport of the Plaintiff’s evidence and the entire pleadings, the Defendant paid only interest after borrowing money from the Plaintiff. On December 15, 2013, the Defendant concluded that the Plaintiff paid KRW 22,00,000,000 (=20,000 + 2,000,000 + 2,000 + 00,000) to the Plaintiff on July 15, 2015, by promising the Plaintiff to pay interest at a specified rate of 10% per annum, and that the Defendant paid the Plaintiff KRW 5,00,00,000 to the Plaintiff on May 13, 2016 is the Plaintiff as the Plaintiff.

As to the method of appropriation for repayment, the Plaintiff and the Defendant agreed on appropriation.

Because there is no discovery that either party has designated the order of appropriation, it is in accordance with the method of statutory appropriation.

Therefore, the Defendant reflected that the interest amounting to KRW 5,00,000 paid on May 13, 2016 was 10% per annum from December 15, 2013 to May 13, 2016, and damages for delay calculated by the agreement of 10% per annum from December 15, 2013 to May 13, 2016 (=22,00,000 x 00 x 0.0 x 0.0 x 2 + 151/366 x 366 days).

(C) be preferentially appropriated for less than 1 billion won.

Therefore, the Defendant’s obligation to the Plaintiff remains the principal amounting to KRW 22,00,00,00 as of May 13, 2016 and KRW 307,650 (=5,307,650-5,00,00).

Ultimately, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the agreement rate of 10% per annum from May 14, 2016 to October 13, 2016 and the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the following day to the date of full payment, as to the principal amount of 22,307,650 won (22,00,000 won per annum + damages for delay + 307,650 won per annum) and the principal amount of 22,00,000,000 won per annum from May 14, 2016 to the date of this decision.

B. The Plaintiff claimed interest from the same day on the premise that the date on which the loan certificate was drawn up is December 5, 2013, but the date on which the loan certificate was drawn up is December 5, 2013.

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