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(영문) 서울서부지방법원 2017.11.01 2016가합2109
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 32,538,108 to the Plaintiff (Counterclaim Defendant) and its amount from September 17, 2014 to August 30, 2017.

Reasons

Basic Facts

A. On December 1, 2009, the Plaintiff and C determined a total of KRW 1 billion to the Defendant, each of KRW 500 million, 3% per interest month, and due date of reimbursement on June 1, 2010.

The Defendant received KRW 485 million from C, which deducts KRW 15 million as prepaid interest, and received KRW 460 million from the Plaintiff, which deducts KRW 15 million as prepaid interest, KRW 25 million as well as KRW 40 million as a total, KRW 460 million.

(The deduction of 50 million won shall be specifically determined in the following 3.2).

On May 26, 2011, the Plaintiff and C determined and lent a total of KRW 1 billion to the Defendant each of KRW 500 million, 3% per interest month, and due date on September 26, 2011.

Between May 26, 2011 and May 27, 2011, the Defendant received KRW 485 million from the Plaintiff and C, deducting the interest of KRW 15 million.

C. Since then, the Defendant repaid the Plaintiff the amount indicated in the “amount to be appropriated” column on each day indicated in the “date of appropriation” column for the attached Tables 1 and 2.

(4) If the Plaintiff and the Defendant paid the principal and interest in relation to the loan on December 1, 2009, the Plaintiff paid the Defendant the principal and interest in excess of KRW 132,070,879 on August 14, 2012, and KRW 50,000 on August 24, 2012, the Plaintiff should pay the Defendant KRW 27,94,105,05 per annum if interest on each of the above amounts is added by 5% per annum until August 30, 2017.

② On May 26, 2011, the Plaintiff was paid only a part of the Defendant with respect to the loan, and on September 16, 2014, the principal amount as of September 291 is KRW 291,443,470; KRW 50,716,060; KRW 25% per annum until August 30, 2017, the Defendant shall pay the Plaintiff KRW 557,348,612.

As of August 30, 2017, the plaintiff is paid from the defendant.

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