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(영문) 수원지방법원 2019.03.21 2018가단31640
대여금
Text

1. The Defendant paid to the Plaintiff KRW 138,582,418 out of KRW 199,227,914 and the said amount, from November 3, 2018 to the date of full payment.

Reasons

The Plaintiff has long been engaged in monetary transactions with the Defendant (the Plaintiff asserts that the time was from 2009, while the Defendant asserts that the time was from June 4, 2010 was the first transaction). During that period, the Defendant prepared and issued a loan certificate stating the loan certificate as of March 15, 2016, stating the loan amount of KRW 143 million, interest rate of KRW 20%, interest rate of KRW 20%, and May 30, 2016, to the Plaintiff.

[A] In addition, on April 10, 2018, the Defendant prepared and delivered a letter to the effect that, if the Plaintiff is unable to repay the borrowed money, any sanction shall be imposed.

[A] The money paid by the Defendant to the Plaintiff after March 15, 2016 is as shown in the separate sheet (A 5), and the money is appropriated in order of interest and principal as follows.

(The Plaintiff calculated the interest accrued until September 27, 2018, and appropriated it first, but it cannot be adopted as a result of an extremely erroneous calculation method). On April 1, 2016, the amount calculated by calculating the interest accrued from March 15, 2016 to March 31, 2016 (the 2016 portion of the mother is “leap year” and the 366-day portion was also calculated in sequence from the immediately preceding repayment date.

The balance after appropriation: (a) the principal amount of KRW 143 million, interest rate of KRW 528,415, April 15, 2016: 4 million: The remainder remaining after appropriation shall be appropriated for the principal amount of KRW 2,377,596, and the interest rate of KRW 1,093,989, accrued until April 14, 2016.

The balance after appropriation: 1.40,622,404 won as principal: 3.5 million won as of May 4, 2016: Interest 1,460,014 won incurred until May 3, 2016, and the remainder 2,039,986 won shall be appropriated for principal.

Since the balance after appropriation: (a) the principal amount is KRW 138,582,418; and (b) the Defendant paid after May 4, 2016 an amount much less than the interest accrued until the repayment date of a certain amount, there is no benefit in calculating the principal and interest.

All interest shall be appropriated from the interest.

The calculation details shall be as follows:

Interest accrued from May 4, 2016 to September 27, 2018, as determined by the Plaintiff, = KRW 66,595,496, as principal.

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