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(영문) 창원지방법원마산지원 2016.03.31 2016가단100006
대여금
Text

1. The defendant shall pay 13,716,405 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

On June 29, 2011, the Plaintiff lent KRW 102,00,00 to the Defendant on June 29, 201 as the repayment date; the Defendant was in arrears with the repayment of principal and interest from June 24, 2014; and accordingly, the loan interest calculated as of June 11, 2015, calculated as of June 11, 2015, may be recognized by comprehensively taking into account the following facts: (a) there is no dispute between the Plaintiff and the Defendant on June 29, 2011; or (b) the entire purport of the pleadings in each entry in the evidence No. 1 and No. 4.

On the other hand, on June 11, 2015, the Plaintiff appropriated KRW 102,00,000 out of KRW 122,40,000, out of the dividends paid to the mortgagee as a collateral in the Ulsan District Court B real estate auction case, for the principal.

(The remaining dividends after appropriation was appropriated to the principal of the Plaintiff’s other loans owed to the Defendant. According to the recognition history, the Defendant is obligated to pay the Plaintiff the remaining amount of the loan 13,716,405 won. Therefore, the Plaintiff’s claim is justified and it is so decided as per Disposition.

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