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(영문) 서울남부지방법원 2018.10.16 2018가단211215
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 108,164,383 as well as KRW 100,000 among them, from March 16, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 2013, the Plaintiff agreed to lend KRW 100,000 to the Defendant by setting the interest rate of KRW 20% per annum and due date as December 31, 2015.

B. In accordance with the above agreement, the Plaintiff transferred KRW 50 million to the Defendant on October 10, 2013 and October 18, 2013, respectively.

C. The Defendant repaid to the Plaintiff KRW 50 million on March 15, 2017, and KRW 10 million on March 16, 2017, respectively.

[Grounds for recognition] Gap 3, 4, 5 (including all paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the above total of KRW 60 million repaid by the Defendant was appropriated for the repayment of KRW 60 million out of the total amount of interest of KRW 100 million from October 18, 2013 to March 15, 2017 (= KRW 100 million x 0.2 x (365 days) x 149/365). Thus, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 20% per annum from March 16, 2017, with respect to KRW 108,164,384, and the total amount of interest of KRW 8,164,384, and the principal amount of KRW 100 million from March 16, 2017, which is the day following the date of calculating the above interest.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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