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(영문) 인천지방법원 2017.08.25 2017가합724
대여금
Text

1. As to KRW 328,219,178 and KRW 300,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 328,219,17. From May 23, 2017 to June 30, 2017.

Reasons

1. Facts of recognition;

A. On April 4, 2016, the Plaintiff agreed to lend KRW 500,000,000 to the Defendant as of December 31, 2016, and accordingly, paid KRW 500,000,000 in total from April 5, 2016 to May 9, 2016.

B. On April 19, 2017, the Plaintiff and the Defendant confirmed that the Plaintiff had an obligation to pay the loan amounting to KRW 500,000,000 per annum and KRW 5% per annum pursuant to the loan agreement concluded on April 4, 2016, and that the Defendant had an obligation to pay the Plaintiff the loan amounting to KRW 200,000 per annum. ② The Plaintiff received a passbook from the Defendant to withdraw the loan amounting to KRW 200,000,000 from the Asian Trust Co., Ltd., and agreed to receive the loan amounting to KRW 300,000,000 and the interest amounting to KRW 5% per annum in installments on May and June 2, 2017.

(hereinafter referred to as “instant agreement”). C.

The Defendant repaid KRW 200,000,000 out of the loan debt on May 22, 2017 pursuant to the instant agreement.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1 through 7 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff KRW 500,00,000 and the agreed interest thereon, and the Defendant paid KRW 200,000,000, which is a part of the said amount on May 22, 2017. As such, pursuant to Article 479(1) of the Civil Act, KRW 28,219,178 among them was agreed upon from April 5, 2016 to May 21, 2017 under Article 479(1) of the Civil Act, and the agreement was 28,219,178 won (=50,000,000 x 5% x 412/365 days) and the remainder of KRW 171,780,822 won (=200,000 - 208,219,178 won) was appropriated for repayment of the principal amount.

B. Therefore, as the Defendant seeks from the Plaintiff, KRW 328,219,178 (=500,000,000 - KRW 171,780,822) and from May 23, 2017 to June 30, 2017, the agreed interest rate of KRW 5% per annum for the period from May 23, 2017 to June 30, 2017, and for the period from the next day to the date of full payment, the special law on the promotion of litigation, etc.

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