Text
1. The Defendant’s amount of USD 68,759 in U.S. dollars and its amount shall be annually from January 30, 2015 to November 2, 2017.
Reasons
1. Determination as to the claim for loans made on January 15, 2013
A. Facts 1) On January 15, 2013, the Plaintiff, a company engaged in a business support service, lent USD 100,00 to the Defendant, a company engaged in a business of medical period sales. On December 16, 2014, the Defendant, on December 16, 2014, prepared and delivered to the Plaintiff a repayment plan to pay the above USD 33,340 on January 31, 2015, USD 33,320 on February 28, 2015, and KRW 33,320 on December 19, 2014, and KRW 33,340 on January 29, 2015, but the Defendant failed to pay the remainder of the loans.
B. Determination 1) Since USD 33,340 discharged by the Defendant on December 19, 2014 is 11,572 interest calculated at the rate of 6% per annum as prescribed by the Commercial Act from January 15, 2013 to December 19, 2014 (i.e., USD 100,000 x 0.06 x 704/365 x 7,068 ($ 33,340 - 11,572) and the principal amount of USD 21,768 - 365 - 9,000 per annum as determined by the Defendant on December 29, 2015 (i.e., USD 2, USD 78,000,000 remaining principal amount to USD 78,000,000 per annum 275,275,2965,275,2015).
2. As to the Plaintiff’s assertion of loans USD 17,280 on December 19, 2012
A. The Plaintiff asserts that, at the Defendant’s request, the Plaintiff lent USD 17,200 to the Defendant on December 18, 2012, upon the need of resolving the shortage of funds.
On the other hand, the defendant received USD 17,200 from the plaintiff on December 18, 2012. However, the plaintiff is responsible for the plaintiff's side, and the defendant's insulgin pumps are in Libya.