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(영문) 대전지방법원서산지원 2019.01.15 2018가단4774
대여금
Text

1. As to the Plaintiff KRW 174,60,000 and the above KRW 83,00,000 among the above amounts, the Defendant shall pay to the Plaintiff KRW 174,60,000 from October 17, 2018, and KRW 4,00.

Reasons

1. The facts of recognition are: (a) the Plaintiff loaned a total of KRW 239.6 million to the Defendant on March 30, 2018; (b) KRW 80 million on May 21, 2018; and (c) KRW 23,9.6 million on June 22, 2018; (c) the Defendant paid only KRW 65 million out of the borrowed money until the date of the closing of the instant argument; and (d) the Defendant issued a repayment plan for KRW 190 million to the Plaintiff, as described in the attached Table, to the Plaintiff, may be recognized by comprehensively taking into account the dispute between the parties or the entire purport of each of the entries and the entire arguments set forth in the attached Table No. 1 and 2 (including each number).

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the principal of the borrowed amount of KRW 1774.6 million (239.6 million - 65 million) unpaid to the Plaintiff.

B. Since it is reasonable to view that the repayment period has been fixed in accordance with the repayment schedule as stated in the repayment schedule out of total borrowed money of KRW 239 million,00,000,000,000,000,000 as the scheduled date for repayment, it is reasonable to view that each due date has been delayed from the following day after the scheduled date for repayment in the repayment schedule, and that the remainder of KRW 49,60,000 has not been determined on the due date for repayment, it is reasonable to view that the Plaintiff is

Meanwhile, the Defendant voluntarily acknowledges that the full amount of the remainder of the loan should be repaid until December 31, 2018. The Plaintiff sought damages for delay from the day following the delivery of the instant payment order.

In full view of the above circumstances, the damages for delay shall be determined as follows.

1) As long as there is no particular assertion on the method of appropriation, it is reasonable to view that the Defendant’s existing repayment amounting to KRW 65 million was appropriated for the repayment of KRW 85 million in the estimated repayment amount as of July 31, 2018, which first became due under Article 477 of the Civil Act, due date pursuant to Article 477 of the Civil Act. The remainder of the estimated repayment amount as of July 31, 2018 ( KRW 85 million - KRW 65 million, the estimated repayment amount as of August 20, 2018; KRW 4 million in the estimated repayment amount as of August 20, 2018; and August 25, 2018.

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