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(영문) 의정부지방법원 2020.01.23 2019가단9743
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 65,767,089 and the interest rate of KRW 24% per annum from November 18, 2017 to the day of full payment.

Reasons

1. The facts of recognition are: (a) on March 9, 2016, the Plaintiff leased KRW 100 million to the Defendant by setting the interest rate of KRW 24% per annum; and (b) on August 9, 2016, the due date for repayment; (c) on the same day, the Defendant completed the registration of creation of a mortgage over the land, etc. at Dongbcheon City as a security for the loan obligation to the Plaintiff at KRW 150,000; (d) the Defendant paid KRW 8,00,000 as interest interest to the Plaintiff during several months after the lease; and (e) the Plaintiff received dividends of KRW 66,210,93 from Dongbcheon-si Land, etc. on November 17, 2017, by taking into account no dispute between the parties; or (e) the purport of the entire pleadings as indicated in the evidence Nos. 1, 2, and 3 as a whole.

2. As to the cause of the claim, the Plaintiff asserts that the interest and delay damages incurred as of November 17, 2017, which were paid as of November 17, 2017, are KRW 31,978,082, and the interest and dividend KRW 8,00,00 and KRW 66,210,93, which was paid as of November 17, 201, would remain at KRW 65,767,089, since the leased principal would remain at KRW 65,767,089, which was paid as of the date of dividend payment, and that the Defendant is obliged to pay

However, the interest and dividends 8,00,000 won and dividends 66,210,93 won and dividends 74,210,993 won shall be appropriated in the order prescribed by Article 479(1) of the Civil Act. Thus, the above amount shall be appropriated in the order prescribed by Article 479(1) of the Civil Act. Thus, the interest and damages for delay accrued at the rate of 24% per annum from the date of loan to November 17, 2017 (=10,000,000 x 24% x 254 days x 1 year x 254 days) first, and the remainder 33,509,624 won (74,210,93 won - 40,701,369 won - 40,369 won) have been appropriated in the principal amount. Ultimately, the leased principal shall be appropriated in the order of 666,490,3760 won (1,000,300 won).30

Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 24% per annum from November 18, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, to the amount of 65,767,089 won and the amount of the loan sought by the Plaintiff within the above amount.

3. Judgment on the defendant's assertion

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