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Reasons
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(영문) 서울중앙지방법원 2016.10.04 2015가단5383002
대여금
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1. The Plaintiff:

A. Defendant X-EX Co., Ltd.: 156,740,000 won and KRW 93,740,000 among them.

Reasons

1. Facts of recognition;

A. On November 26, 2012, the Plaintiff loaned KRW 100 million to Defendant X-SC Co., Ltd. at the due date of repayment on November 26, 2013, interest rate of KRW 6.9% per annum, and interest rate of KRW 25% per annum. On April 22, 2013, the Plaintiff determined and lent KRW 63 million per annum as of April 22, 2014, interest rate of KRW 6.9% per annum, and interest interest rate of KRW 25% per annum.

B. The Plaintiff set KRW 27,928,570 on March 18, 2013 to Defendant MMD as due date for reimbursement of KRW 27,928,570 on March 18, 2014, interest rate of KRW 6.9% per annum, and interest interest of KRW 25% per annum.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2-5, 7, and 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. On December 23, 2013, the Plaintiff was paid KRW 15 million with the principal and interest of KRW 100 million from Defendant X-SC Co., Ltd.

The amount repaid by the Plaintiff shall be preferentially appropriated to 6.9% interest calculated at the rate of 6.9% per annum for one year from November 26, 2013 to December 23, 2013 and interest of 1.84 million won per annum for 27 days from November 27, 2013 to December 23, 2013 (the same as the Plaintiff seeks mutual aid), and the remainder shall be appropriated to the principal, and if the principal is appropriated to 93,740,00 won for loans as of December 23, 2013 (the principal amount of 10 million won = 100,000 won ? (15,00,000 won - 6,900,000 won - - 1,840,000 won)).

Therefore, Defendant X-CC Co., Ltd is obligated to pay to the Plaintiff the interest rate of 6.9% per annum from April 23, 2013 to April 22, 2014, the agreed interest rate of 156,740,000 won (93,740,000 won) and the agreed interest rate of 25% per annum from December 24, 2013 to the date of full payment (25% per annum from December 24, 2013 to the date of full payment), and delay damages of 63,00,000 won per annum from April 23, 2013 to the date of full payment (6.9% per annum from April 22, 2014 to the date of full payment).

Defendant Modi Co., Ltd. shall lend its principal to the Plaintiff 27,928.

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