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(영문) 창원지방법원통영지원 2016.06.16 2016가단1815
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 125,403,860 and KRW 50,852,670 among these amounts, from March 11, 2016 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) On March 16, 2010, the Plaintiff is deemed to be a KRW 300 million loan to the Defendant (hereinafter “instant loan”).

(2) The Plaintiff received dividends of KRW 249,147,330 of the principal out of the instant loans in the Changwon District Court’s case of voluntary auction B, which was set at KRW 249,147,330.

3) As of February 25, 2016, the Defendant’s debt amount against the Plaintiff is KRW 50,852,670, which is part of the principal of the instant loan, and KRW 74,551,190 for overdue interest from October 17, 2013 to February 25, 2016. [each entry in evidence A of subparagraphs 1 through 4 of the ground for recognition, and the purport of the entire pleadings.]

B. According to the facts established prior to the determination, the Defendant is obligated to pay to the Plaintiff 125,403,860 won with 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 11, 2016 to the date of full payment, as the Plaintiff seeks, with respect to the principal amount of KRW 125,852,670 and the principal amount of KRW 50,852,670.

2. The Defendant did not express specific grounds for objection against the instant payment order when determining the Defendant’s assertion.

3. Conclusion, the plaintiff's claim is justified.

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