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(영문) 의정부지방법원고양지원 2020.06.11 2019가단98173
기타(금전)
Text

1. The defendant shall pay 25,170,908 won to the plaintiff and 12% per annum from February 18, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On September 21, 2018, the Plaintiff determined and lent KRW 50 million to the Defendant on October 5, 2018 and KRW 600,000 as interest during the lending period of two weeks.

On October 31, 2018, the Defendant repaid to the Plaintiff a total of KRW 5 million and KRW 400,000,000 to the Plaintiff.

B. On November 14, 2018, the Defendant: (a) drafted and issued to the Plaintiff a certificate of borrowing that “one million Won (50,000,000 won was borrowed from the Plaintiff on September 21, 2018; (b) the Plaintiff repaid the payment on October 31, 2018; and (c) the remainder of ten million won was to be repaid on March 31, 2019; and (c) the Plaintiff shall pay the interest for ten million won on the last day of each month from November 31, 2018 to January 31, 2020.” Since then, the Defendant repaid to the Plaintiff as stated in the “paid money” in the attached Table No. Do attached hereto, with the purport of the entire pleadings (including the grounds for recognition).

2. According to the above facts of recognition, since the defendant's repayment amount cannot be extinguished by all of the plaintiff's claims, it shall be appropriated for repayment in the order of interest and principal pursuant to Articles 477 and 479 (1) of the Civil Act. Accordingly, the appropriation of performance shall be appropriated in accordance with the annexed sheet of appropriation of performance.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,170,908 of the principal of the loan remaining after satisfaction of the claim and damages for delay calculated by applying the rate of 12% per annum from February 18, 2020 to the date of full payment after the application for change of claim and cause of claim of this case was served on the Defendant.

3. In conclusion, the plaintiff's claim of this case is justified and acceptable.

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