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(영문) 인천지방법원 2015.01.13 2014가단234659
대여금
Text

1. The defendant shall pay to the plaintiff KRW 72,924,041 as well as KRW 23,50,000 among them, from May 8, 2014 to the day of full payment.

Reasons

1. Indication of claim;

A. (1) The Plaintiff filed a lawsuit seeking the payment of the loan under the Incheon District Court Decision 2004Gadan25870, asserting that the Plaintiff leased KRW 23,500,000 to the Defendant on June 15, 2001.

(2) On September 8, 2004, the above court rendered a judgment that "the defendant shall pay to the plaintiff 23,500,000 won with 5% per annum from June 16, 2001 to August 16, 2004, and 20% per annum from the next day to the day of full payment" (hereinafter "previous judgment"), and the previous judgment became final and conclusive on September 25, 2004.

(3) The damages for delay from June 16, 201 to May 7, 2014 for loans of KRW 23,500,000 shall be KRW 49,424,041 (=3,724,589 won =23,50,000 x (3 + 62/365) x (3 + 62/365); hereinafter the same shall apply).

[Attachment 45,69,452] + 45,69,452 [=23,50,000 x (9 + 264/365) x 0.2];

B. In order to interrupt the extinctive prescription of the loan claim based on the previous judgment, the claim amounting to KRW 72,924,041 (i.e., loan amounting to KRW 23,500,000 + damages for delay up to May 7, 2014 on KRW 49,424,041) and the loan amounting to KRW 23,50,000 among the loans, for delay damages from May 8, 2014.

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