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(영문) 서울남부지방법원 2017.12.20 2017가단221802
대여금
Text

1. The defendant shall pay to the plaintiffs 110,515,520 won and 59,583,332 won among them from May 1, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 24, 2010, the Plaintiffs lent KRW 65,000,00 to the Defendant (hereinafter “instant loan”), and the Defendant agreed to pay to the Plaintiffs in installments each month the “the principal and interest on the instant loan from August 24, 2010 to August 23, 2013” (i.e., the principal amount of KRW 1,805,556 KRW 1,174,444) for 36 months.

B. On October 29, 2010, the Defendant paid to the Plaintiffs KRW 2,980,000, KRW 2,980,000 on November 30, 2010, KRW 20,980,00 on December 30, 2010, KRW 8,940,000 on aggregate, and KRW 39,50,000 on July 1, 2014 to April 10, 2017 as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. Of the Defendant’s total amount of KRW 8,940,00 ( KRW 2,980,000 on October 29, 2010, KRW 2,980,000 on November 30, 2010, KRW 2,980,000 on December 30, 2010, KRW 2,980,00 on December 30, 2010, KRW 516,688 (= KRW 1,805,556 x 3 months x 3 months) paid during the period of the installment repayment agreement, the amount of KRW 3,523,32 (=1,174,444 x 3 months) was appropriated respectively for the interest of the instant loan.

Therefore, the Defendant is obligated to pay to the Plaintiffs the balance of the loan (=65,00,000 won - 5,416,668 won) and the interest balance of the period agreed for installment payments [38,756,652 won x (1,174,444 won x (36 months - 36 months) x (36 months) x 1,174,444 won per month for which the Plaintiffs seek damages for delay calculated at the rate of 1,174,444 won per month.

B. After the period of the installment payment agreement, KRW 38,50,000 paid by the Defendant from July 1, 2014 to March 13, 2017, and KRW 256,652 out of KRW 1,00,000 paid on April 10, 2017, were appropriated respectively for KRW 38,756,652 in the interest balance of the period of the installment payment agreement.

C. Of the aforementioned KRW 1,00,000 paid on April 10, 2017, the remainder of KRW 743,348 was appropriated for part of KRW 51,675,536 (= monthly 1,174,444 x 44 months) calculated at the rate of KRW 1,174,32 per month from August 24, 2013 to April 23, 2017.

Therefore, the defendant is against the plaintiffs.

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