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(영문) 대구지방법원 2014.11.18 2014가단601
대여금
Text

1. The Defendant’s KRW 58 million to the Plaintiff and the Plaintiff’s 12% per annum from July 1, 2009 to December 17, 2013.

Reasons

1. Basic facts

A. On January 17, 2005, the Defendant borrowed KRW 100 million from the Plaintiff on April 17, 2005, the due date for payment, KRW 1.5 million per interest month, and the due date for payment of interest.

B. In October 2008, the Defendant paid interest (the Plaintiff reduced the interest amount from March 2005 to KRW 1 million per month) to the Plaintiff, and repaid KRW 20 million on June 26, 2009 and KRW 30 million on June 30, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, the agreement calculated by the ratio of KRW 8 million per month from November 2008 to June 2009, among KRW 50 million repaid by the Defendant, was appropriated to the principal as the Plaintiff seeks, and the remainder of KRW 42 million was appropriated to the principal. Thus, the Defendant is obliged to pay to the Plaintiff delay damages calculated by the ratio of KRW 58 million per annum from July 1, 2009 to December 17, 2013, which is the delivery date of the original copy of the instant payment order, from the date of delivery of the original copy of the instant payment order, to December 17, 2013.

B. The Defendant’s assertion 1 on the Defendant’s assertion 1) asserts that, until December 21, 2009, the Defendant paid to the Plaintiff a total amount of KRW 93.6 million with a promissory note four par value, and that all of the above loan obligations were extinguished by being exempted from the remainder principal of KRW 11 million with the exception of interest. As to this, the Plaintiff’s promissory note is practically operated by the Defendant Co., Ltd. (hereinafter “C”).

ii)the drug price provided by the Plaintiff operating this D has been paid (Provided, That when the pharmaceutical price has been paid in C, the settlement has been made with the Defendant’s personal obligation.

The Plaintiff asserts to the effect that it is. The fact that the Plaintiff paid to the Defendant four copies of promissory notes (a total amount of KRW 93.6 million) by December 21, 2009 is without dispute.

Furthermore, the above Promissory Notes.

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