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(영문) 서울중앙지방법원 2019.08.27 2018가단5240724
약정금 등
Text

1. The defendant shall pay to the plaintiff the amount of KRW 129,125,423 and the amount of KRW 98,242,68 from June 2, 2018 to the date of full payment.

Reasons

On March 9, 2016, when the Defendant borrowed money from the Plaintiff as litigation costs, etc. from time to time, he/she prepared a loan certificate (A 4) stating that the principal of the loan shall be KRW 100,000,000 per month and that interest shall be paid KRW 300,000 per month, and re-drawed with the loan certificate (A 5) stating that interest rate of KRW 100,000 per month on November 23, 2017 shall be calculated separately and that interest rate of KRW 10,00 per annum shall be paid until February 28, 2018. The Plaintiff did not dispute between the parties to whom the amount corresponding to the amount stated in the table of calculation of the amount appropriated from the Defendant during ten times from March 11, 2016 to June 1, 2018, the Defendant, except in extenuating circumstances, has an obligation to pay interest rate of KRW 100,000 per annum and delay damages to the Plaintiff.

The Defendant asserts to the effect that, between August 13, 2013 and April 30, 2018, the Defendant would have to borrow KRW 214.8 million from the Plaintiff and pay KRW 18.67 million to the Plaintiff, the Defendant would have to settle the accounts accordingly. However, it is not acceptable as it goes against each of the above loan certificates (the Defendant alleged that the above documents were drafted by coercion or mistake and that it is invalid, but no evidence exists to acknowledge it).

Thus, the defendant is obligated to pay to the plaintiff 129,125,423 won (i.e., principal amount of KRW 98,242,688 won) and damages for delay calculated at the rate of 24% per annum as prescribed by the Interest Limitation Act from June 2, 2018 to the date of full payment. Thus, it is obvious that the selective claimant's claim for damages can not exceed the above recognized amount, on the ground that some of the plaintiff's claim is accepted within the above recognized scope.

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