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(영문) 서울중앙지방법원 2018.05.14 2018가합379
대여금
Text

1. As to KRW 381,776,712 and KRW 300,00,000 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 381,776,712 from July 21, 2017 to April 19, 2018.

Reasons

1. Comprehensively taking account of the respective descriptions and the purport of the entire arguments in Gap evidence Nos. 1 through 5 (including each number), the fact that the plaintiff (the former mutual company), on April 22, 2015, lent KRW 300 million to the defendant on April 2, 2015, at the interest rate of KRW 6.9% per annum, interest rate of delay rate of KRW 18% per annum, and June 29, 2015 (the change to June 29, 2016). As of July 20, 2017, the sum of the principal and interest of the borrowed amount of KRW 381,776,712 (i.e., KRW 300,00,000 per annum 24,669,863 won interest rate of KRW 57,106,849) is recognized.

[Based on Calculation] ① The agreed person calculated by the ratio of 6.9% per annum for 435 days from April 22, 2015, which is the lending date, from June 29, 2016, to June 29, 2016: 24,669,863 won (turf less than won) ② The interest for arrears calculated by the ratio of 18% per annum for 386 days from June 30, 2016 to July 20, 2017: 57,106,849 won (turf less than won).

2. According to the above facts, the defendant is obligated to pay to the plaintiff 381,776,712 won in total with the principal of the above loan and 300 million won in the leased principal from July 21, 2017, the following day of the above base date until April 19, 2018, the delivery date of a copy of the application for the payment order of this case, which is 5% per annum prescribed by the Civil Act and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Meanwhile, the Plaintiff sought payment of KRW 57,254,794 as agreed upon by the loan agreement and interest for delay corresponding to 24,726,575 won and interest for delay corresponding to 387 days. However, as seen earlier, the Plaintiff’s claim corresponding to the portion exceeding the amount recognized earlier is without merit.

3. Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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