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(영문) 서울동부지방법원 2018.10.24 2018가단101247
대여금
Text

1. The Defendant’s KRW 138,130,538 and its portion

(a) As regards KRW 40,000,000, the full payment shall be made from January 11, 2018.

Reasons

1. Facts of recognition;

A. On November 6, 2007, the Defendant entered into a loan agreement with the Plaintiff to pay 40,000,000 won out of 80,000,000 won of the Defendant’s loan (quasi-loan for consumption) and set up a notarial deed.

The remaining loan amount of KRW 40,000,000 was decided to be repaid by 2012.

10,000,000 won as of November 16, 2007, 20,000,000 won as of December 30, 2007, and 10,000,000 won as of the last day of each month from January 2008 to April 200, in cash (15 per annum of delay damages).

B. The Plaintiff received dividends of KRW 875,000 on January 17, 2008 in the Cheongju District Court’s movable attachment case No. 2603, 2007, for compulsory execution based on the above notarial deed, and received dividends of KRW 2,067,714 on July 24, 2008 from the same court C compulsory auction case for automobiles in the same court.

C. As of January 10, 2018, the Defendant’s obligation based on the above notarial deed is KRW 41,163,934 in the aggregate of KRW 40,00,000 in principal and KRW 58,130,538 in interest as of January 17, 2008, KRW 98,130,538 in interest and KRW 40,000 in interest and interest and KRW 1,163,934 in interest and KRW 1,163,934 in interest and KRW 40,00 in interest and KRW 15% in interest and KRW 71/366 in each year).

Since dividends amounting to KRW 875,00 is appropriated for interest, 40,000,000, interest amounting to KRW 288,934 (=1,163,934-875,00) plus KRW 40,288,934.

As of July 24, 2008, the Plaintiff’s claim against the Defendant as of 40,00,000 won with interest of KRW 3,387,294 [28,934 won with interest of KRW 40,00,00,000 with interest of KRW 3,387,294 in total [15% per annum x 189/366 days], and dividends of KRW 2,067,714 are appropriated for interest. Thus, the Plaintiff’s claim against the Defendant as of 200,000, interest of KRW 1,319,580 with interest (=3,387,294-2,067,714) plus KRW 41,319,580 with interest.

As of January 10, 2018, the Plaintiff’s claim against the Defendant as of January 10, 2018 is the Plaintiff’s total of KRW 40,00,000, interest of KRW 58,130,538 [The interest of KRW 1,319,580 from July 24, 2008 to January 10, 2018] 56,810,958 [The interest of KRW 40,000 from July 24, 2008 to January 10, 2018] 98,130,538.

2. According to the above facts finding as to the claim, the defendant shall be the plaintiff.

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