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(영문) 창원지방법원 2018.03.08 2017가합55193
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 363,156,164 as well as KRW 120,00,000 among them, from November 1, 2017 to the date of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. On the basis of Article 1(1) of the judgment of the Changwon District Court Decision 2007Gahap6444, the Plaintiff filed a claim for damages for delay calculated at the rate of 15% per annum from September 14, 2007 to October 31, 2017, for the principal amount (120,000,000) and the total damages for delay calculated at the rate of 20% per annum from September 14, 2007 to October 31, 2017, and for the principal amount, 363,353,424 won per annum from November 1, 201 to the date of full payment.

However, damages for delay calculated at the rate of 20% per annum from September 14, 2007 to October 31, 2017 are 243,156,164 won [=120,000,000 x 0.2 x (48 days from September 14, 2007 to September 13, 2017) x (48 days from September 14, 2017 to October 31, 2017; 365). Accordingly, the sum of principal and interest (i.e., 120,00,000,000 won] is 363,156,164 won until October 31, 2017.

Therefore, the defendant is obligated to pay to the plaintiff 363,156,164 won as of October 31, 2017 the total principal and interest of which are 363,156,164 won as of October 31, 201 and damages for delay calculated by the rate of 15% per annum for the plaintiff from November 1, 2017 to the date of full payment. Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as of the ground for appeal.

3. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act.

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