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(영문) 서울동부지방법원 2017.06.09 2016가합3582
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 262,680,000 as well as 15% per annum from December 28, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 20, 2015, the Plaintiff leased KRW 360 million to the Defendant (hereinafter “instant loan”) 2% of the interest rate per month and the due date for payment on January 20, 2017. After that, the Plaintiff lost the benefit of time due to the Defendant’s delinquency in payment of interest for at least three months.

B. On November 15, 2016, the Plaintiff received dividends of KRW 250 million in the auction procedure on the land C at Yangyang-si, a collateral for the instant loan claim, at the Namyang-si, the Plaintiff received dividends of KRW 250 million.

[Reasons for Recognition] Facts that the plaintiff is a person or has no dispute, each entry of Gap 1 through 4, witness D's testimony, the purport of the whole pleadings

2. The judgment of this Court

A. According to the facts acknowledged in paragraph (1), the said dividends amounting to KRW 250 million from January 20, 2015, which was the date of loan, to November 15, 2016, which was the date of distribution, KRW 157.68 million [=36 million x 2/100 x 2/100 x 2/300 x 27/30 x 27.30 days)] were first appropriated to the principal, and the remainder of KRW 97.32 million (= KRW 255 million - 15,7680,00) was appropriated to the principal.

B. Therefore, the Defendant is obligated to pay to the Plaintiff the remaining loans of KRW 260 million (= KRW 360 million - KRW 97320,000) and damages for delay calculated at the rate of 15% per annum, which the Plaintiff seeks from December 28, 2016 to the day of full payment, as of the day following the above date of distribution of the copy of the complaint of this case sought by the Plaintiff.

3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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