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Reasons
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(영문) 서울남부지방법원 2015.12.08 2014가합115606
대여금
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1. The Defendant’s KRW 43,870,933 as well as 6% per annum from September 20, 2008 to December 8, 2015, and the following.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion asserts that the Plaintiff would lend money to the Defendant twice as follows, and seek payment of the principal of the loan and interest or damages for delay.

1. The first loan of this case to the defendant

1. As stated in the record, a sum of KRW 25 million from October 13, 2004 to October 27, 2005 (hereinafter “the first loan”) was leased from the Defendant, and the Defendant was not paid only KRW 72 million. Thus, the Defendant is obligated to pay to the Plaintiff the Plaintiff the remainder of the first loan of this case (=25 million - 72 million) and the damages for delay calculated at the rate of 153 million per annum as stipulated in the Civil Act from September 20, 2008 to the date of full payment, and from September 20, 2008 to the date of full payment.

Schedule

1. The Plaintiff: (a) on October 13, 2004, 60,000 won - 50,000,000 won - on December 9, 2004, - 50,000 won on May 10, 2005 - KRW 60,000,000 on May 17, 2005 - KRW 50,000 on August 17, 2005 - KRW 5,000 on August 1, 2005 - KRW 5,00,000,000 on August 1, 2005 - KRW 5,00,00,000 on October 5, 200, 200, KRW 00 on June 27, 2000, KRW 5,000 on June 25, 2008;

2. As indicated in the record, on March 13, 2007 and March 20, 2007, a sum of KRW 1550 million was determined as interest rate of KRW 500,000 per month (payment on May 25, 2007, and the interest rate on December 2007 shall be reduced to KRW 470,00 per month) (hereinafter “the second loan”). The Defendant was not paid KRW 95 million among the principal of the second loan of this case, and interest on the second loan of this case up to April 2008, all of the interest on the second loan of this case up to April 2008, and 348,000 among interest on May 25, 2008 (up to May 25, 2008).

Therefore, the Defendant’s remainder of the principal of the instant secondary loan (i.e., KRW 155 million - KRW 95 million) and the interest accrued on May 2008.

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