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(영문) 춘천지방법원 2015.05.27 2014가합1195
대여금
Text

1. The Defendant’s KRW 187,394,520 for the Plaintiff and KRW 6% per annum from November 3, 2006 to May 27, 2015.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserted 1) The Defendant’s 200 million won (hereinafter “the instant money”) between Nonparty C and Nonparty C around October 21, 2004.

(2) The Plaintiff is entitled to pay the instant amount to the Plaintiff with interest rate of 6% per annum and on October 21, 2005 (hereinafter “instant contract”).

(1) Upon the conclusion of the contract, C paid KRW 188,00,000 to the Defendant under the above contract, with the exception of KRW 12,00,000,000,000, and on November 2, 2006, the Defendant asserted that the Plaintiff cannot claim for payment of interest and delay damages from September 27, 2005 to November 2, 2006 (20,000,000 x 402/365 x 6% x 11,783,562 x 25,00,000,000,000,000 to the Defendant with the interest payment order and delay damages from November 2, 2006 (20,000,000,0000,000) to the Defendant, the parties to the contract of this case, the remaining interest payment rate of KRW 30,000,000,000,000.

B. Determination 1) On October 21, 2004, the instant contract was concluded between C and the Defendant on or around October 21, 2004, and C, on or around September 30, 2004, remitted KRW 188,000,000,000 to the Defendant around September 30, 2004, after deducting the interest interest from the instant money to October 21, 2005, the fact that C transferred the remainder of KRW 88,00,000 to the Defendant on or around October 27, 2004, is without dispute between the parties. 2) Next, at the time of the instant contract, to acquire the right to receive the instant money between C and the Defendant.

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