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(영문) 서울남부지방법원 2018.06.22 2017가단256570
손해배상(기)
Text

1. The Defendant’s KRW 1,032,490 as well as 5% per annum from May 29, 2018 to June 22, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 16, 2017, the Plaintiff lent KRW 1,500,000 (hereinafter “the first loan”) to the Defendant without setting interest and the maturity for payment.

B. On September 27, 2017, the Plaintiff lent KRW 24,000,000 (hereinafter “the second loan”) to the Defendant without setting interest and the maturity for payment.

C. On October 10, 2017, the Plaintiff lent KRW 24,210,000 (hereinafter “instant third loan”) to the Defendant without setting interest and the maturity for payment.

On May 9, 2018, the Defendant paid KRW 25,500,000 to the Plaintiff for the repayment of the instant loans 1 and 2.

E. On May 28, 2018, the Defendant paid KRW 24,210,000 to the Plaintiff for the repayment of the instant third loan.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. According to the facts of the determination as to the Plaintiff’s claim, KRW 25,50,00 which the Defendant repaid on May 9, 2018 x KRW 5% as to the Defendant’s repayment on May 9, 2018 - KRW 966,961 [49,710,00 ( KRW 24,210,000) ( KRW 24,210,000) 】 142 days (from December 19, 2017 to May 9, 2018) x 365 x 5% as prescribed by the Civil Act] The remainder 24,53,039 ( KRW 25,50,000 - KRW 96,961), and the principal amount of the loan in this case - KRW 360,539,00,000) - KRW 16,539,2965,2961).

In addition, 24,210,00 won that the Defendant repaid on May 28, 2018 (24,210,00 won - 65,529 won [25,176,961 won (24,210,00 won)] x 19 days (from May 10, 2018 to May 28, 2018) x 365 x 5 percent prescribed by the Civil Act x 24,14,471 won (24,210,00 won - 65,529 won) - 65,529 won (24,204,204, 2014, - 4714, - 7529 won) of the instant loans are appropriated for the principal of the instant three loans. Therefore, the principal of the instant loans is 65,529 won (24,201, -414).

Therefore, it is true.

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