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(영문) 서울남부지방법원 2017.04.04 2016가단36335
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for the principal of KRW 118,52 and the principal of KRW 118,528,218.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application for a payment order (Seoul Central District Court 2006 tea66983) against the Defendants to receive a loan (the agreed interest rate of 36%). On September 19, 2006, the payment order was issued on October 10 of the same year to the effect that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 210,000,000 and the amount calculated at the rate of 36% per annum from May 1, 2006 to the date of full payment.”

B. The Defendants paid part of the principal and interest of the loan by November 27, 2006 and became KRW 120,000,000 as of November 28, 2006.

C. Thereafter, on December 11, 2007, KRW 35,000,000 for the repayment of the above debt, KRW 35,000,000 on June 28, 2008, KRW 15,000 on December 8, 2008, and KRW 20,000 on December 16, 2009 were paid to the Plaintiff.

[Ground of recognition] The plaintiff and the defendant B: The non-contentious facts and the defendant C: Gap evidence Nos. 1 and 2, Gap evidence No. 3-1 and No. 3-2, and the purport of the whole defense

2. Determination

A. 1) After repayment of the principal amounting to KRW 120,000,000 on December 11, 2007, the principal amounting to KRW 44,856,986 (= KRW 120,000,000x 0.36x 0.36x 20,000 to December 11, 2007, the amount below KRW 379/365 from November 28, 2006 to December 11, 2007; hereinafter the same shall apply).

- 35,00,00 = 129,856,986 (the principal of this case 120,00,00,000) - 23,671,232 of the principal and interest prior to the repayment of KRW 129,85,00,000 (the principal of this case - 120,00,00,000,000) - 20,000,000 x 0.36x 0,000,000 x 0.36,08,000,000 (the principal) - 20,08,000,000,000 won) - 35,00,00,000,008,000 won (the principal of this case - 28,068,008,000 won) - 28.16,205,085,08

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