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(영문) 서울남부지방법원 2019.10.11 2019가합106225
대여금
Text

1. The defendant shall pay to the plaintiff KRW 301,646,575.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 2 as to the cause of the claim, the plaintiff may recognize the fact that the plaintiff lent KRW 200,000,000 to the defendant on March 22, 2017 by setting the interest rate of KRW 2% and July 21, 2017. The plaintiff was paid KRW 15,00,000 from the defendant on December 21, 2017.

The Defendant’s payment of the remainder after being appropriated first for interest or delay damages is appropriated for principal, but the interest or delay damages accrued up to the time of the payment is below 36,164,383 won (=200,00,000 x 24% x 275/365 x 275/365, hereinafter the same shall apply). Thus, the total amount is appropriated for interest or delay damages.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 301,646,575, which was unpaid out of the principal and interest as of August 26, 2019, for which the Plaintiff seeks as follows.

- Interest or delay damages as of August 26, 2019: 116,646,575 won (i.e., KRW 200,00,000 x 24% x 887/365) - Principal and interest on default: 301,646,575 won (i.e., principal amount of KRW 200,000,000 or delay damages of KRW 116,646,575 - Amount of KRW 15,00,000)

2. As to the defendant's assertion, the defendant asserts that the plaintiff's claim of this case is improper on the real estate which the plaintiff provided as security for the above loan claim on the ground that the auction procedure is in progress. However, such circumstance alone cannot be viewed as improper.

The defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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