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(영문) 수원지방법원성남지원 2020.10.13 2020가단203632
대여금
Text

1. The defendant shall pay to the plaintiff KRW 36,91,803 as well as KRW 35,00,000 from June 18, 2020 to October 13, 2020.

Reasons

1. Facts without dispute;

A. On September 13, 2017, the Plaintiff loaned KRW 50,000,00 to the Defendant, the due date for payment was January 31, 2018, and the interest rate was 3% per annum, respectively. If the above due date for payment is due, the rate for delay damages was set at 6% per annum.

B. From February 20, 2019 to May 31, 2019, the Defendant repaid KRW 15,000,000 to the Plaintiff three times, and the Plaintiff appropriated both for the repayment of principal.

2. According to the above facts of recognition, the defendant is obligated to pay 35,000,000 won and damages for delay to the plaintiff.

On June 17, 2020, the defendant paid 3,000,000 won to the plaintiff additionally, and this should be appropriated to the principal. Thus, the defendant asserts that the principal to be repaid to the plaintiff was remaining in 32,00,000 won. However, in the case of satisfaction of payment to the plaintiff with expenses, interest, and principal, unless otherwise agreed by the parties, it shall be appropriated to the repayment in the order of expenses, interest, and principal pursuant to Article 479 of the Civil Act, and even if the debtor is not only the creditor, the order of appropriation shall not be designated differently from the above order

(2) In the event that there is no evidence that the parties have agreed on the above order, the above KRW 3,00,000,000 shall be preferentially appropriated for the interest or delay damages, and the remainder of KRW 35,00,000 shall be charged for the remainder of KRW 35,00,000 from February 1, 2018 to June 17, 2020 (see Supreme Court Decision 2001Da607, Jan. 11, 2002). However, the above KRW 3,00,000 shall be preferentially appropriated for the remainder of KRW 35,00,00,00 from February 1, 2018 to June 17, 2020, respectively.

Ultimately, with respect to KRW 36,991,803, which is the sum of KRW 35,000,000, the principal of the loan to the Plaintiff as well as KRW 1,991,803, and KRW 35,000,00, which is the principal of the loan, as to the above KRW 35,000,000, which is the day following the above repayment date, it is reasonable for the Defendant to dispute the existence or scope of the obligation of this case from June 18, 2020.

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