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(영문) 창원지방법원 2017.08.17 2016가단21288
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,157,271 and the interest rate of KRW 25% per annum from October 18, 2012 to the day of full payment.

Reasons

1. According to the purport of the evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff loaned the Defendant a total of KRW 40 million on August 2, 2012, KRW 10 million, KRW 29 million on August 10, 2012, and KRW 13,000,000 on August 13, 2012, and the Plaintiff agreed on November 10, 2012, and interest KRW 270,000 on September 14, 2012, and the Plaintiff received reimbursement from the Defendant on September 14, 2012, KRW 100,000 on September 19, 2012.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is obligated to pay to the Plaintiff the amount of KRW 40 million the leased principal and the damages for delay calculated by applying the interest rate of KRW 25% per annum within the scope of the Interest Limitation Act from August 2, 2012 to the date of full payment.

B. (1) According to the above facts of recognition, the defendant is obligated to pay the loan principal and damages for delay remaining after paying to the plaintiff.

(2) Furthermore, there is no evidence to prove the existence of an agreement on satisfaction of obligation with respect to the scope of principal and interest of the remaining loan, and thus, the Defendant’s repayment of the loan will be made in the order of the expenses, interest and principal.

(A) On September 14, 2012, the interest of KRW 1 million is calculated as follows:

(1) 1,00,000 】 [44/365 (from August 2, 2012 to September 14, 2012)] 】 0.25 】 30,136 】 (hereinafter the same shall apply) ② 25,00,000 】 [36/365 (from August 10, 2012 to September 14, 2012)] 】 0.25 】 616,438 】 10,000 】 [3/365 (from August 10, 2012 to September 14, 2012) 】 3/365 (from August 13, 2012 to September 14, 2012) 】 (i) 】 20.25 】 206,270,3610,639,679,207,39, and 209) -106,306,27

(B) The calculation of interest by September 19, 2012 for appropriation of one million won as of September 19, 2012 is as follows:

(1) 39,872,601 won 】 [5/365 (from September 15, 2012 to September 19, 2012].

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