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(영문) 울산지방법원 2021.01.27 2020가단112033
대여금
Text

1. The Defendant’s KRW 98,000,000 for the Plaintiff

A. Of them, 48,00,000 won from June 1, 2006 to June 15, 2020

Reasons

1. Basic facts

A. On May 4, 2005, the Plaintiff paid 48 million won to the Defendant at the end of May 2006 and from June 1, 2006 at the rate of 10% per annum (hereinafter “the first loan”). (b) On May 30, 2019, the Plaintiff paid 50 million won to the Defendant without setting the due date and interest (hereinafter “the second loan”). (c) The Plaintiff paid 50 million won to the Defendant on May 30, 2019 without setting the due date and interest (hereinafter “the second loan”).

The Defendant would pay the principal and interest of the instant secondary loan to the Plaintiff on August 1, 2019 by December 31, 2019.

However, the Plaintiff failed to pay the principal and interest of the first and second loans on January 2020, and the Plaintiff urged the Defendant to pay the principal and interest of the first and second loans.

【In light of the above-mentioned facts, the defendant is obligated to pay to the plaintiff the total amount of the first and second loans of this case 98 million won and delayed damages. The defendant is obligated to pay the plaintiff the total amount of the second and second loans of this case 98 million won and delayed damages.

On August 29, 2019, the Defendant created a right to collateral security with respect to the portion of 635/1901 shares in Ulsan-gu Seoul, Ulsan-gu, which was set at the maximum amount of KRW 130 million, and had been postponed from the Plaintiff to the end of December 2021, since the repayment of the first and second loans in this case was deferred from the Plaintiff until December 2021, the Defendant asserted that the due date for the payment of the first and second loans in this case did not reach the due date. However, since there is no evidence to acknowledge this, the Defendant’s above assertion is without merit.

Therefore, with respect to the Plaintiff’s total amount of KRW 98 million and the principal amount of KRW 48 million of the first loan of this case from June 1, 2006 to June 15, 2020, the Defendant stated that the delivery of a copy of the complaint of this case from June 1, 2006 to June 15, 2020, calculated at the rate of 10% per annum of 12% per annum with delayed damages as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and with respect to the principal amount of KRW 50 million of the second loan of this case, the amount calculated at the rate of 12% per annum as stipulated in the above Special Cases concerning the Settlement of Legal Proceedings from the next day of the delivery of a copy of the complaint of this case to the day of full payment.

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