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(영문) 서울중앙지방법원 2020.10.13 2020가합535663
기타(금전)
Text

The defendant's KRW 526,885,246 and KRW 410,00,00 among the plaintiff's KRW 55% per annum from June 27, 2020 to September 8, 2020.

Reasons

On April 25, 2011, when the Plaintiff lent KRW 200 million to the Defendant on September 30, 201, the Plaintiff agreed to receive KRW 230 million in total as the principal and interest for the loan on September 30, 201. On August 1, 2011, when lending KRW 150 million to the Defendant on August 30, 201, the Plaintiff agreed to receive KRW 180 million in total as the principal and interest for the loan on December 30, 201, there is no dispute between the parties.

In addition, the Plaintiff received reimbursement of KRW 20 million from the Defendant on June 26, 2020, and KRW 40 million on July 30, 2020, respectively. Accordingly, pursuant to Articles 479 and 477 subparag. 3 of the Civil Act, the Plaintiff was appropriated for the repayment of KRW 60 million on the basis of the rate of KRW 230 million, which is calculated at the rate of 5% per annum from October 1, 201 to June 26, 2020, calculated at the rate of KRW 100,483,607 [= KRW 230,00,000 + KRW 0.05 x below August 270/36), and below the amount of reimbursement. The same shall apply].

I would like to say.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 40,483,607 remaining after the repayment out of the above KRW 100,483,607 (=100,483,607 - 60,000), ② total of KRW 41,000,000,000 as above, and ③ the above KRW 18,000,000,000,000 as above, calculated at the rate of 5% per annum from December 31, 2011 to June 26, 2020 as to damages for delay calculated at the rate of KRW 76,401,639 [180,000 + 0.00 x 0.05 x 179/366) x 2685,2466,000,000 per annum as to each of the above claims for damages for delay calculated at the rate of KRW 25,200,00,000.

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

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