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(영문) 서울중앙지방법원 2020.08.21 2019가합589725
대여금
Text

1. The Defendant’s KRW 270,000,000 as well as 8% per annum from June 1, 2019 to November 20, 2019 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. According to the purport of each of the statements and arguments set forth in subparagraphs 1 and 2 above, the Plaintiff decided to invest KRW 300 million in the Defendant on December 15, 2015, but the Defendant decided to repay KRW 300 million to the Plaintiff by December 16, 2016, the Defendant calculated an annual interest rate of KRW 300 million at 8% at the time of the aforementioned agreement and paid to the Plaintiff each month. The Plaintiff was recognized to have paid KRW 300 million to the Defendant on December 15, 2015, and the Plaintiff appropriated the principal amount of KRW 30 million with KRW 30 million paid from the Defendant, and the Plaintiff received interest from the Defendant until May 31, 2019.

B. According to the above facts, the defendant is obligated to pay to the plaintiff the remaining agreed amount of KRW 270 million and damages for delay calculated at the rate of 8% per annum from June 1, 2019 to November 20, 2019 when the original copy of the payment order in this case was served on the defendant from June 1, 2019, which is the date following the last payment date of the defendant's interest payment, and 12% per annum from the next day to the date of full payment.

2. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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