(영문) 전주지방법원남원지원 2016.06.09 2015가합1190

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(영문) 전주지방법원남원지원 2016.06.09 2015가합1190

손해배상(기)

Text

1. The defendant,

A. The Plaintiff A shall be fully paid KRW 196,00,000 and KRW 49,00,000 among them, from August 1, 2015.

Reasons

1. The fact that there is no dispute over the claim of the Plaintiff A; the purport of the entire argument in the statement in subparagraph 1 through 4 of the Plaintiff’s evidence No. 1 is visible; the Plaintiff was awarded a bid or returned from the process of paying the fraternitys after having joined the successful bid number system for the Defendant’s operation; even though the Defendant did not pay part of the fraternitys; and accordingly, the sum of the fraternitys to be returned from the Defendant was 147,00,000,000 won on August 5, 2013; and the Plaintiff’s interest amount was 0,000,000 won on September 5, 2013; 10,000,000 won on October 10, 2013; 10,000,000 won on October 4, 2013; 10,000 won on October 4, 2013; 200,301.

According to the above facts, the Defendant is obligated to pay the Plaintiff A the amount of KRW 196,00,000 (i.e., loan of KRW 147,00,000,000) and the amount of KRW 49,00,000 among the loans, the interest rate of KRW 149,000 shall be 24% per annum from August 1, 2015 to the date of full payment, as sought by the Plaintiff, as agreed upon by the Plaintiff A, for the delayed payment of KRW 147,00,000,00 per annum from August 1, 2015 to the date of full payment, and as for the outstanding amount of KRW 147,00,00,00 from October 24, 2015 to the date of delivery of a copy of the application for change of the purport of the instant claim and the cause of the claim.

On the other hand, the plaintiff A claimed 211,208,000 won and damages for delay against the defendant, but it is not accepted as a claim exceeding the above recognized portion is insufficient evidence to acknowledge it.

2. As to Plaintiff B’s claim, the Plaintiff leased KRW 40,000,000 to the Defendant on September 5, 2013, and KRW 40,000,000 on November 26, 2013, and KRW 40,000 on January 28, 2014 to the Defendant, and the fact that the repayment period for each of the above loans has arrived at 2% on January 28, 2014 is due, there is no dispute between the parties.

Therefore, the defendant 40,000 won = 10,000,000 won = 40,000,000 won for 40,000 won for plaintiff B.

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