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(영문) 인천지방법원 2020.08.19 2019가단25294 (1)
대여금
Text

1. The Defendant’s KRW 58,980,071 as well as 5% per annum from October 18, 2019 to August 19, 2020 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. From June 14, 2018 to December 21, 2018, the Plaintiff loaned a total of KRW 60,130,000 to the Defendant over several times.

Around August 2019, the Defendant borrowed KRW 61,30,000 from the Plaintiff, and prepared a written confirmation from September 2019 to KRW 300,000 per share.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay 61.3 million won and damages for delay to the plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant asserts that he/she paid to the Plaintiff the sum of KRW 2,253,00,000 by October 17, 2019, and the fact that the Plaintiff received money from the Defendant’s assertion is recognized.

Meanwhile, as seen earlier, the Defendant agreed to partially repay KRW 61.3 million on August 2019, as well as KRW 2.5 million on September 8, 2019, which was repaid after September 2019, the Defendant’s assertion on repayment is reasonable only for KRW 2.5 million on September 16, 2019, KRW 450,000,000 on September 24, 2019, KRW 550,000 on September 24, 2019, KRW 700,000 on October 15, 2019, and KRW 300,00 on October 17, 2019.

B. Furthermore, if the Defendant’s above repayment is appropriated for performing the principal and interest in the order of appropriation in the statutory order of appropriation, the total of KRW 500,000 won on September 8, 2019, KRW 450,000 on September 16, 2019, and KRW 1.5 million on September 24, 2019 shall be appropriated for performing the principal and interest as of September 24, 2019, and the principal amount shall remain KRW 59,80,000 on September 24, 2019.

As to KRW 59,80,000 for the remaining principal, damages for delay by the rate of 5% per annum prescribed by the Civil Act from September 26, 2019, which is the day following the delivery of a copy of the complaint of this case, shall be appropriated for the repayment of KRW 163,835 (per 5,980,000 x 000 x 0.05 x 0.05 x less than KRW 20/365, hereinafter the same shall apply), and the remaining KRW 536,165 shall be appropriated for the repayment of principal and the remainder of KRW 59,263,835 shall remain as principal.

Next, 300,000 won of the repayment on October 17, 2019 shall be interest 16,236 won.

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