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(영문) 서울중앙지방법원 2016.08.17 2015가단5394149
대여금
Text

1. The defendant shall pay to the plaintiff the amount of KRW 289,597,615 and the amount of KRW 64,392,70 from August 31, 200 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 12, 1997, the Plaintiff loaned KRW 450 million to B on August 11, 2000 due date for reimbursement of KRW 14.5% per annum, and delayed interest rate of KRW 20% per annum, respectively. The Defendant jointly and severally guaranteed the Defendant’s loan obligations against the Plaintiff (hereinafter “instant obligation”).

B. As the Plaintiff did not repay the instant debt, the Plaintiff applied for a voluntary auction to Suwon District Court C on July 20, 1998, and received dividends of KRW 385,607,300 on December 16, 199. As of December 15, 199, the loan remains in principal amounting to KRW 450,000,000 and interest amounting to KRW 225,876,036 on December 15, 199.

C. Since then, B repaid to the Plaintiff KRW 100,00 on August 31, 200, and thereafter repaid KRW 50,000 through KRW 300,000 per month until March 31, 2008 (643,778 won as of November 30, 2014), and KRW 100,00 on June 21, 2010; and

9. A total of KRW 9,319,138 of KRW 300,00 and KRW 200,000 on November 17, 27 of the same year was repaid.

The overdue interest rate determined by the Plaintiff is 19% per annum.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 4, 5, 7, 8, and 9, and the purport of the whole pleadings.

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant appropriated 289,597,615 won [225,876,036 won as dividends of December 15, 199, and the principal remaining after being appropriated as dividends of KRW 64,392,70,000, above 64,392,700 with interest rate of KRW 19% per annum from December 16, 1999 to August 30, 200, 8,648,027 won ( KRW 64,392,70 x258, 365 x19%, and less than KRW 19,00) from August 31, 200 to 130, 198, and the plaintiff received 300,000 won with total interest rate of KRW 193,000 from August 31, 200 to 1938.

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