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(영문) 서울중앙지방법원 2016.11.30 2016가단5166853
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 106,00,000 among the Plaintiff and KRW 30,000,000 from June 27, 2016 to the day of full payment.

Reasons

1. According to the statement in Gap's evidence Nos. 1 through 7 (the result of the appraiser's seal appraisal by the appraiser C, since the seal affixed by the defendant's name is recognized as the seal of the defendant among the evidence No. 1, it is presumed that the authenticity of the whole document is established, it is presumed that the plaintiff received 30,000,000 won from Eul Co., Ltd. on June 27, 2006, monthly interest rate of KRW 30,000, and the due date for payment was set on September 26, 2006, and the defendant jointly and severally guaranteed the above loan obligation, and the plaintiff received 4,00,000,000 won on May 12, 2010, and 10,000 won on May 2, 2014, respectively.

2. According to the above facts, the Defendant: (a) KRW 106,00,00 (the principal = KRW 30,000,000 calculated at the rate of 30% per annum from June 27, 2006 to June 26, 2016; (b) KRW 90,000,000 in total of interest and delay damages; (c) the amount of interest and delay damages paid to the Plaintiff plus KRW 14,00,000 in total of the amounts repaid; and (d) the interest and delay damages accrued until the date of repayment exceeds the amount repaid; and (e) the amount of the benefits paid to the Plaintiff shall be appropriated in repayment in the order of the expenses, interest, and principal, and shall be calculated as above.

) and among them, the obligation to pay damages for delay calculated at the rate of 25% per annum within the scope of the agreed rate from June 27, 2016 to the date of full payment, which is the day following the calculation of the final damages for delay, with respect to the principal of KRW 30,000,000,000.

3. Full acceptance of the Plaintiff’s claim

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