(영문) 서울동부지방법원 2020.01.16 2018가합113759

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2020.01.16 2018가합113759

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 449,859,346 and the interest rate of KRW 12% per annum from June 26, 2019 to the date of full payment.

Reasons

1. According to the evidence evidence No. 1 to 4 as to the cause of the claim, the Plaintiff loaned KRW 500 million to the Defendant on December 22, 2016 at the interest rate of KRW 500 million per annum, and on June 30, 2017 (hereinafter “first loan”), KRW 500 million per annum and KRW 500 million per annum on January 24, 2017, and on July 31, 2017 (hereinafter “second loan”).

Meanwhile, the Plaintiff’s repayment of KRW 200 million on September 29, 2017 (hereinafter “the first repayment”), the fact that the Plaintiff paid KRW 50 million on December 14, 2017 (hereinafter “the second repayment”), and the fact that the Defendant paid KRW 400 million on May 1, 2019 (hereinafter “the third repayment”).

If the repayment is appropriated in accordance with the order of statutory appropriation of performance, the first repayment amount of KRW 200 million shall be appropriated in preference to interest 19,313,197 won on the second loan and interest 17,054,795 won on the second loan accrued until September 29, 2017, and the remainder of KRW 163,632,008 shall be appropriated in preference to the first loan principal for which the due date for payment has first arrived, the first loan amount of KRW 336,367,92 (=50 million – KRW 163,632,008), and the second loan principal is still KRW 50 million.

The second loan amounting to KRW 50 million is KRW 3,501,913, interest on the second loan accrued between the date following the date of the first repayment and the date of the second repayment, and KRW 5,205,479, and the remainder KRW 41,292,608 is appropriated for the principal of the first loan that has first been due and due, the first loan amount is KRW 295,075,384 (=36,367,92 - KRW 41,292,608), and the second loan amount is still KRW 500,000.

The third repayment amount of KRW 400 million shall be first appropriated to KRW 20,331,907 and interest 34,452,055 on the second repayment incurred between the date following the date of the second repayment and the date of the second repayment, and the remainder of KRW 345,216,038 shall be appropriated to KRW 295,075,38 and the remainder of KRW 50,000.

유사 판례

-서울동부지방법원 2020.01.16 2018가합113759

-대구지방법원 2021.02.17 2020나314746

-대구지방법원 2017.05.31 2016나1548

-수원지방법원안산지원 2020.12.23 2020가단4720

-전주지방법원 2019.01.18 2017나7678