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(영문) 서울북부지방법원 2017.11.09 2017가합23275
양수금
Text

1. The defendant shall pay to the plaintiff KRW 1,475,216,210 and KRW 775,069,00 among the costs, from February 11, 2017 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice on the basis of recognition (Article 208 (3) 3 of the Civil Procedure Act);

3. The evidence No. 2, which was submitted by the Plaintiff as a claim statement, is merely 0.17% of the interest rate for delay, and the accurate amount of credit is not calculated.

① First of all, the agreement from March 1, 2016 to February 10, 2017, the total amount of 19% interest rate of 435,878,818, the principal of the loan for corporate driving general funds in the account number B is KRW 78,732,850, and the total amount of interest and delay damages up to March 1, 2016 is KRW 29,428,211, and the total amount of interest and delay damages up to March 1, 2016 is KRW 814,039,879 (= KRW 435,878,818), and the total amount of principal and interest of the loan is KRW 78,732,850,29,428,211).

② In addition, the agreement between March 1, 2016 and February 10, 2017, the 19% interest rate of the principal of the loan for corporate driving general funds in the account number C is KRW 61,267,969, and the sum of interest and delay damages until March 1, 2016, KRW 260,718,175, and the sum of the interest and delay damages until March 1, 2016 is KRW 661,176,331 (= KRW 339,190,187 KRW 61,267,969,260,718,175).

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by an agreement of 19% per annum from February 11, 2017 to the date of full payment (i.e., KRW 814,039, KRW 661,176,31) and KRW 775,069,005, which is the principal of the loan (i.e., KRW 435,878,818, ② KRW 339,190,187).

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