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(영문) 부산지방법원동부지원 2016.11.01 2016가단10096
대여금
Text

1. As to KRW 216,628,83 of the Plaintiff and KRW 88,908,094 of the Plaintiff, the Defendant’s annual contribution from November 13, 2008 to September 30, 2015.

Reasons

1. Basic facts

A. On June 28, 1993, the Plaintiff extended a loan of KRW 105,00,000 to the Defendant on June 27, 1993 with the agreed interest rate of KRW 12% per annum, overdue interest rate of KRW 17% per annum (Provided, That the interest rate shall apply according to the basic terms and conditions of credit transaction) and maturity of KRW 105,00,000 per annum.

(hereinafter “instant loan claim”). (b)

As the Plaintiff was unable to receive the claim for the loan of this case from the Defendant, the Plaintiff filed an application for the payment order under this Court No. 99j694, Jan. 12, 1999 with the Defendant, and this Court decided to pay to the obligee (referring to the Plaintiff) 24% per annum from August 18, 1997 to October 20, 1998, the amount of KRW 88,908,094 with the interest of 22% per annum from October 21, 1998 to the date of full payment. The decision was finalized on January 30, 1999.

(hereinafter “instant payment order decision”). C.

On the other hand, the Plaintiff, on November 13, 2008, issued a provisional attachment decision as to the fishery right owned by the Defendant as the preserved claim (hereinafter “the provisional attachment decision of this case”) by 2008Kadan4890, and executed it around that time. On July 21, 2016, the Plaintiff revoked the execution of the provisional attachment decision of this case.

The instant lawsuit was instituted on June 30, 2016, and around that time, the principal of the instant loan claim amounting to KRW 88,908,094, and the interest from November 22, 2000 to November 12, 2008 (total 2,913) amounting to KRW 127,720,739 (= Principal amounting to KRW 88,908,908,094 x 2,913/365 x 18 per annum).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff alleged that the plaintiff's claim for the loan of this case extended the extinctive prescription of the payment order of this case and the execution of the provisional attachment order of this case. Thus, 216,628,833 won (= principal amount of 88,908,094 won from November 22, 2000 to November 12, 2008) and damages for delay shall be paid to the defendant.

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