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(영문) 서울북부지방법원 2018.03.22 2017가합27840
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 440,424,657 and KRW 300,000,000 among them.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the “creditor” is deemed to be the “Plaintiff”, “debtor A” to be “Defendant A”, and “debtor B” to be “Defendant B”, and the “debtor B” to be “Defendant B”). 2. A decision by public notice based on recognition (Article 208(3)3 of the Civil Procedure Act)

3. Some of the dismissed parts of the Plaintiff claimed damages for delay under the agreed interest rate of 17% per annum for the period from November 11, 2014 to August 11, 2017, from the loan principal of KRW 300,000,000, as damages for delay under the agreed interest rate of 17% per annum. However, the Plaintiff’s evidence No. 4 submitted by the Plaintiff in the bond account statement is calculated as 18% per annum.

The agreement between November 11, 2014 and August 11, 2017 on the loan principal of KRW 300,000,000,000 and KRW 17% per annum is 140,424,657 won per annum (=300,00,000 won per annum x 17% per annum x 17% per annum x 1,005 days/365 days, and less than KRW 440,424,657 won per annum). Thus, the sum of principal and interest up to August 11, 2017 of the loan is 440,424,657 won (=300,000,000 won140,424,657 won).

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated by the agreed rate of 17% per annum from August 12, 2017 to the date of full payment with respect to KRW 440,424,657, and KRW 300,000,000, which are the principal of the loan.

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