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(영문) 인천지방법원부천지원 2013.11.26 2013가단30617
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,737,051 and interest rate of KRW 20% per annum from July 12, 2013 to the day of complete payment.

Reasons

The Plaintiff, around December 2002, lent 50 million won to the Defendant with interest rate of 3% per month (hereinafter “instant loan”); the Defendant paid interest to the Plaintiff by February 2003, as there is no dispute between the parties, and the Defendant is obligated to pay the Plaintiff the agreed interest rate of 50 million won and the agreed interest rate of 22,262,949 won from March 1, 2003; and the Plaintiff was paid 22,262,949 won from the auction procedure on real estate owned by the Defendant on December 30, 2003 to December 30, 2003; thus, the agreement was appropriated from March 1, 2003 to December 30, 2003 to KRW 15,041,09,095 won (50 million x 36% x 365/365/365,00,000 won) to the Plaintiff; and the Defendant was ultimately liable to pay the remaining KRW 2751,2504,2945.7.25 won (hereinafter).

In regard to this, the defendant embezzled KRW 6,460,00 as of December 2002 when the plaintiff worked as an employee of the defendant's management company, and around March 2003, the defendant forged documents about the 30,000,000 won of the market value of the above company's ownership and sold them after changing the name of the plaintiff's name. As seen earlier on December 30, 2003, the defendant received dividends of KRW 22,262,949, and therefore, the debt of this case was extinguished by repayment, but there is no evidence that corresponds to the argument regarding embezzlement and voluntary sale of the flasing period. Thus, the defendant's above assertion is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 37,737,051 won and damages for delay calculated at the rate of 20% per annum from July 12, 2013 to the date of full payment, which is the day following the delivery of a copy of the complaint to the defendant, as requested by the plaintiff within the scope of the above principal of the loan.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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