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(영문) 청주지방법원 2015.07.23 2014가합3136
대여금 등
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 190,037,579 and the interest rate thereon from November 14, 2014 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. Under the joint and several guarantee of C, the Plaintiff loaned 24% per annum on November 8, 2013 to the Defendant with interest rate of KRW 4 million, the due date for payment specified on February 8, 2014, and the Plaintiff agreed to be paid 24% per annum on November 15, 2013, the due date for payment of KRW 4 million on February 8, 2014, and the fact that the Plaintiff leased 24% per annum on November 15, 2013, the due date for payment was determined on February 15, 2014, and agreed to be paid 3 million in the Republic of Korea for interest by the Defendant to be paid 3 million in the Republic of Korea under the interest name of the Defendant is not disputed between the parties, or may be recognized by comprehensively taking into account the respective descriptions in subparagraphs 1-2, 1-2, 1-2, 2

B. Where a creditor claims foreign currency claim which is a monetary claim designated in a foreign currency into Korean currency by exercising the right to substitute benefit, the court ordering the debtor to perform the claim shall set the base date for converting the foreign exchange rate as of the date of the closure of fact-finding proceedings as of April 12, 2007 into Korean currency (see, e.g., Supreme Court Decision 2006Da72765, Apr. 12, 2007). The exchange rate as of June 11, 2015 is 24.62 in this court. Accordingly, according to the above recognized facts, the defendant shall pay 204,346,00 won [196,960,000 won total of borrowed principal x 200 won x 204,000 won per annum 360,000 won per annum 204,000 won per annum x 204,000 won per annum x 204,000 won per annum.

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