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(영문) 전주지방법원 2020.09.03 2019가합4433
부당이득금
Text

The defendant shall pay 280,64,942 won to the plaintiff and 12% per annum from February 20, 2020 to the day of complete payment.

Reasons

1. The indication of claims (attached Form 1) shall be as stated in the changed grounds for claims;

2. Article 208 (3) 3 of the Civil Procedure Act (by public notice) of the applicable provisions of Acts;

3. On September 12, 2018, the Plaintiff partially dismissed the amount of KRW 15 million paid to the Defendant for repayment of the obligation to repay the loan owed to the Defendant, even though it is necessary to preferentially appropriate the remainder of the leased principal at the rate of 24% per annum as stipulated in the Interest Limitation Act and Article 2(1) of the Interest Limitation Act from September 4, 2018 to September 12, 2018.

Therefore, the above KRW 15 million shall be preferentially appropriated for the repayment of the above KRW 19,492, and if the remainder is appropriated for the repayment of the loan principal, the amount repaid by the Plaintiff to the Defendant in excess of the sum of the loan principal calculated at the rate of 24% per annum is KRW 280,664,942, such as the statement in the column for application for calculation of appropriation funds (attached Form 3) and the amount repaid by the Plaintiff to the Defendant in excess of the above KRW 280,664,942, among the Plaintiff’s claims in this case, KRW 312,383,383 (=280,97,325 - 280,664,942), and the part seeking the payment of damages for delay, is

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