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(영문) 수원지방법원 2016.09.28 2016가단11734
대여금
Text

1. As to KRW 46,500,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff the year from April 1, 2016 to September 28, 2016.

Reasons

1. Facts of recognition;

A. On October 15, 1998, the Plaintiff set the interest rate of 2% to the Defendant and lent KRW 10 million to the Defendant.

B. The defendant made a timely payment of interest until April 200, and the subsequent payment of interest is not made after receiving the plaintiff's re-promotion, and the same year.

8. November 300,00 won and November 200,000 won in total, and 700,000 won in total, and thereafter August 31, 2015; and

9. 30,100,000 won for 30,000 won for 20,000 won for 11.20,000 won for 30,000 won for 30,000 won for 11.30,00 won for 30,000 won for 80,00

1. 31.10,00 won, and the same year;

2. A total of KRW 600,000,000,000, were paid.

[Ground of recognition] Facts without dispute, Gap 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts finding, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of KRW 10 million and accrued interest of KRW 36.5 million [3 million per month for 189 months from May 200 to February 2016] 46.5 million per month from the day following the delivery of a copy of the complaint of this case to September 28, 2016, as requested by the plaintiff with respect to the total amount of KRW 46.5 million and the principal amount of KRW 10 million from the day following the day of the delivery of a copy of the complaint of this case, to September 28, 2016, the amount of KRW 5% per year under the Civil Act, and damages for delay calculated by 15% per year under the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings from the following day to the day of full payment.

(A) According to the records, the court below held that the defendant filed a petition for bankruptcy on April 28, 2016 with the Suwon District Court Decision 2016Hadan2011, but it does not take effect on the ground that the defendant filed a petition for bankruptcy as of the date of closing argument of this case, unless the bankruptcy was declared as of the date of closing argument of this case).

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