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(영문) 의정부지방법원 2018.08.22 2017가단106046
대여금
Text

1. The Defendant’s KRW 119,468,750 for the Plaintiff and KRW 5% per annum from April 25, 2015 to August 22, 2018.

Reasons

. Accordingly, the purport of the claim is sought.

As to this, the defendant

2. The Defendant’s assertion that the amount to be paid to the Plaintiff is KRW 118,325,00,000.

B. On December 1, 2013 and April 24, 2014, at the time of the instant agreement, the maximum interest rate under the Interest Limitation Act was 30% per annum, and thus, the Defendant calculated the amount to be paid to the Plaintiff based on such rate.

1) Principal and interest on a loan * KRW 50 million as at December 1, 2013: From February 1, 2013 to June 28, 2013; KRW 2.35 million to KRW 50,000 to KRW 50,000; KRW 12.5 million to December 1, 2013; principal and interest on KRW 2.4 million (50,000 to KRW 0 x 0.3.5 million x 1.65 million to KRW 2.5 million; principal and interest on KRW 2.4 million (2.35 million to KRW 12.5 million); principal and interest on KRW 2.5 million to KRW 5 million (this case’s principal and interest on KRW 2.5 million to KRW 3,500,000) x 1.65 million to KRW 3,500,000,000 to KRW 1.665 million; and

hereinafter the same shall apply.

() Principal KRW 4,0150,000 (principal KRW 4,0150),* Principal KRW 108,00,000 ( principal KRW 90,000,000) from September 1, 2013 to December 1, 2013, the interest of KRW 6,750,00 ( KRW 90,000 x 0.3 x 5/12) from December 24, 2014)* The principal and interest of KRW 153,168,750 (principal KRW 130,150,000) as at the time of the instant agreement is KRW 23,018,750).

C. Therefore, at the time of the instant agreement, the principal and interest KRW 153,168,750 incurred by the Defendant was appropriated for KRW 33.7 million incurred by the Defendant after the instant agreement. As such, the Defendant is obligated to perform the instant obligation since April 25, 2015 with regard to KRW 119,468,750 paid by the Plaintiff and the Defendant.

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