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Reasons
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(영문) 서울동부지방법원 2016.02.18 2015가합103553
손해배상 등
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1. The defendant shall pay to the plaintiff 607,748,663 won and 263,423,125 won among them from November 13, 2008 to the day of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) On November 20, 2006, the Plaintiff leased KRW 300 million to the Defendant on November 20, 2006 at the maturity of payment on November 20, 2007, and the interest rate at 36% per annum (hereinafter “loan on November 20, 2006”).

(2) The Plaintiff and the Defendant agreed to pay the Plaintiff interest of KRW 20 million per annum on November 20, 2008 ( KRW 110 million on November 16, 2007) as interest. 2) The Plaintiff and the Defendant agreed to pay the Plaintiff interest of KRW 24% per annum on November 20, 2008.

3) On April 17, 2008, the Plaintiff lent the monthly rent of KRW 300 million to the Defendant on April 17, 2008, and the Defendant paid KRW 230 million to the Plaintiff by April 17, 2009, and with respect to KRW 70 million, the Defendant agreed to pay the Plaintiff the annual interest of KRW 36 percent by April 17, 2009 (hereinafter “loan”).

(4) Around September 2008, the Defendant proposed that “When the share price falls due to a financial crisis, the Plaintiff would cancel the insurance contract before the share price falls and take charge of the payment of the money, and would compensate for the losses incurred during the period.” On September 19, 2008, the Plaintiff paid KRW 50 million out of the refund money for cancellation on September 26, 2008 to the Defendant.

At the time, the defendant agreed to pay to the plaintiff the above 50 million won interest rateing to 24% per annum, and "the agreement dated September 26, 2008".

The Plaintiff paid a total of KRW 21.5 million as indicated in the following table for interest purposes. The amount on the date of the order (including February 27, 2009; 1,000,000 on March 27, 2009; 3.1,000,000 on March 27, 2009; 4. 1,000,000 on April 28, 2009; 10,000,000 on May 4, 2009; 6. 6. 50,000 on July 28, 2009; 1,000 on May 30, 200; 6. 50,000 on Nov. 50, 2007; 50, 20000; 6. 8. 1, 2009;

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