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(영문) 수원지방법원 안산지원 2018.04.17 2018가단718
대여금
Text

1. As to KRW 98,786,296 and KRW 60,00,00 among them, the Defendant shall pay to the Plaintiff the year from December 6, 2017 to April 17, 2018.

Reasons

1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff loaned 60 million won to the defendant on October 28, 2002 as the due date for repayment on December 31, 2002. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff delayed payment damages from January 1, 2003 to the date of full payment, which is the next day of the due date for repayment.

2. The Defendant asserts that, after paying the Plaintiff the amount of KRW 39.5 million, the Plaintiff and the remainder of the principal and interest of the loan amounted to KRW 20 million. The Defendant paid the sum of KRW 1.5 million from October 2017 to December 2017, and that the amount that the Defendant has to pay is KRW 18.5 million.

In full view of the purport of evidence No. 2 in the statement of evidence No. 2, the Defendant was deemed to have repaid the Plaintiff a total of KRW 6 million as stated in the “payment date” column in the statement of calculation of the amount appropriated in attached Form No. 2 on each day, but only the statement of evidence No. 1 and No. 2 exceeds the above KRW 6 million.

It is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant on the settlement of the principal and interest of the loan amounting to KRW 20 million, and there is no other evidence to acknowledge it.

If the above 6 million won is calculated by applying the interest rate of 5% per annum as stipulated in the Civil Act according to the method of statutory appropriation appropriated in the order of interest and principal, the amount of 60 million won and the unpaid interest rate of 38,786,296 won remain as of December 5, 2017 (the calculation statement in attached Form) (the above-mentioned calculation statement is the same as the calculation statement in attached Form). 3. Accordingly, the defendant is in accordance with the ratio of 98,786,296 won to the plaintiff (i.e., the principal amount of 60 million won) and the principal amount of 60 million won from December 6, 2017, which is the day following the date of final payment, to the date of final payment, 5% per annum from the next day to the date of this judgment, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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