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(영문) 부산지방법원 2016.07.19 2015가단70989
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 18,798,066 and the interest rate of KRW 15% per annum from March 18, 2016 to the day of complete payment.

Reasons

1. The facts under the recognition are deemed to have been led by the Defendant under Article 150(3) and (1) of the Civil Procedure Act.

A. A. Around September 1, 2008, around September 1, 2008, C lent to the Defendant a total of 3,500,000,000 Japanese dollars, including 1.5 million, Japan around March 30, 209.

(hereinafter “instant loan claim”). (b)

The Defendant was indicted as Busan District Court Decision 2012Ma9175 and was sentenced to a suspended sentence for six months from September 25, 2013 on the ground that the Defendant, even if 3.5 million Japanese money was borrowed, by deceiving C while there was no intent or ability to repay the said money, and acquired it by deception.

C. Meanwhile, on September 3, 2013, the Defendant deposited KRW 28 million with the Busan District Court Decision 2431, Sept. 3, 2013, 2013.

C On July 25, 2014, the Plaintiff transferred the instant loan claim to the Plaintiff and notified the Defendant of the transfer at that time.

2. The base period for the exchange rate to be applied to the issuance of an order after converting the foreign currency into Korean currency is the date of the conclusion of the trial proceedings (see Supreme Court Decision 90Da2147, Mar. 21, 1991). Thus, the amount of the instant loan claim is KRW 39,946,90, which is the amount calculated by converting the amount of the instant loan claim into the amount of KRW 1,141.34/100, which is the base rate for the purchase and sale of the Japanese UN, June 28, 2016 (i.e., Japanese amount of KRW 3.5 million x Japanese amount of KRW 1,141.34 won/100).

Meanwhile, the Defendant deposited KRW 28 million on September 3, 2013. The Defendant’s amount of repayment is insufficient to fully repay the interest and principal of the instant loan, and there is no evidence to prove that there was an agreement between the parties on the order or method of appropriation of performance, etc., and thus, the Defendant is obliged to repay the amount in accordance with the legal principle on appropriation of performance under Article 477 of the Civil Act.

According to the evidence evidence No. 4, the repayment period of the loan claim of this case is March 30, 2010. If the repayment deposit amount of KRW 28 million is appropriated to the loan obligation of this case in the order of the defendant's payment of expenses, interest, and principal in accordance with the legal principles of statutory appropriation of performance, the repayment period shall be due.

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