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(영문) 인천지방법원 2017.12.13 2016가단248621
대여금
Text

1. The defendant shall pay 881,506 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Facts of recognition;

A. On December 26, 2013, the Plaintiff lent to the Defendant a total of KRW 60,000,000 per month, KRW 30,000,000 on February 25, 2014, KRW 10,000 on July 23, 2014, and KRW 60,000 on September 10, 2014, KRW 150,000 on a monthly basis.

B. Around June 2016, the Plaintiff paid KRW 32,500,000, which is part of the principal of the above loan, from the Defendant, and the Defendant promised to pay the Plaintiff KRW 27,500,000 of the remaining principal of the loan by July 30, 2016.

C. However, the Defendant did not pay the remaining loans KRW 27,500,000 by the above deadline, and the Plaintiff filed the instant lawsuit. The Defendant repaid the said KRW 27,50,000 on March 21, 2017, which was after the instant lawsuit was filed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the principal and interest of the Defendant’s repayment of KRW 27,50,000 as of March 21, 2017 is KRW 28,381,506 [the principal = interest of KRW 27,500,000 [the principal = KRW 881,506 [the interest of KRW 27,50,000 [the interest]] x 27,50,000 x 234 days (the date following the due date of repayment x 5%) x 234 days (the date following the due date of repayment x 21 March 21, 2017) x 5% under the Civil Act]. As such, the Plaintiff’s statement made in the instant application for change of the purport of the claim and the cause of the claim in question appropriated the principal in repayment of principal, this constitutes an implied appropriation agreement or designation (Article 476(2) of the Civil Act).

Therefore, the amount remaining when the above 27,50,000 won was appropriated prior to the repayment of principal amounting to 881,506 won [28,381,506 won with interest rate of KRW 27,500,000 with interest rate of KRW 881,506]-27,50,000 with interest rate of KRW 881,50].

B. The Plaintiff also claims interest of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day on which the copy of the instant claim and the application form for alteration of the cause of the claim are served to the day of full payment. However, it is recognized that the Plaintiff claimed interest, claiming interest, and thus, made a separate welfare agreement.

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