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(영문) 대전지방법원서산지원 2014.11.21 2013가단14868
대여금
Text

1. The defendant shall pay 3,580,000 won to the plaintiff and 25,000 won out of the above money to the plaintiff from May 12, 2004.

Reasons

1. Determination on the cause of the claim

A. On August 21, 1995, the Defendant: (a) made a loan certificate to the Plaintiff on August 21, 1995, stating that “The amount of KRW 25,00,000,000, out of KRW 10,000 on September 20, 1995; (b) paid the remainder of KRW 15,000 on January 25, 1996; (c) paid interest of KRW 15,00,000 on a monthly basis; and (d) paid the remainder of KRW 3,00,000 on a monthly basis until January 30, 1996.” Since there is no dispute between the parties, the Defendant, barring any special circumstance, has the obligation to pay the Plaintiff the interest of KRW 28,00,00,00 on the loan certificate as well as damages for delay.

B. The Defendant’s repayment amounting to the Plaintiff KRW 800,000 on March 28, 1997, and the same year

5. 26.800,000 won, and the same year.

8. The fact that the Plaintiff paid a total of KRW 5,200,000 on May 12, 2004, including KRW 800,000,000, and KRW 5,200,000 on May 12, 2004 is the Plaintiff. Accordingly, if such payment is appropriated in the order of payment in accordance with Article 479 of the Civil Act, in accordance with Article 479 of the Civil Act, it shall be as follows: (a) as of May 12, 2004; (b) the outstanding principal of the loan shall be KRW 25,00,000; and (c) the interest shall be KRW 8,603,00.

1. 800,000 won paid on March 28, 1997, and the same year

5. 800,000 won paid on 26. 26. The same year.

8. 80,000 won paid on 18.18. and 600,000 won paid on 5.12.5.1 of the same year, including (3) overdue interest rate of 3,000,000 won in preference to 3,000,000 won in preference, and the remainder of 200,000 won paid on 5.1 December 1997 shall be appropriated for part of interest accrued on 25,00,000 won in preference to 3,00,000 won in preference.

Therefore, as of December 5, 1997, the outstanding principal of the loan is KRW 25,00,000, and the interest and delay damages from September 21, 1995 to December 5, 1997 on the principal amount are KRW 2,560,000 [ = 25,00,000 x 0.05 x (276/365), - 200,000 x (276/365), as sought by the Plaintiff, hereinafter the same shall apply].

2) If the payment of KRW 2,00,000,000 paid on May 12, 2004 to the interest remaining under the above sub-paragraph (1) is made by performance, the remaining loans will be made as of May 12, 2004.

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