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(영문) 서울남부지방법원 2015.09.08 2014가합102464
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 108,667,235 as well as 20% per annum from August 1, 2014 to the day of full payment.

Reasons

1. The Plaintiff loaned KRW 80 million to C on January 4, 2006 in full view of the overall purport of the pleadings as to the cause of the claim, and the Plaintiff agreed on August 14, 2006 to pay KRW 200,000 per day for 25 months while lending KRW 100 million to C on August 14, 2006. The Defendant may recognize the fact that the Defendant jointly and severally guaranteed the above loan obligations. The Plaintiff received KRW 123,32,765 in total from 206 to 207 (= KRW 79,760,000 in total from 2006 to 207) from the Plaintiff as the person who was paid KRW 41,572,765 in total from October 10, 2013.

Meanwhile, the Plaintiff’s interest on the loan as of August 14, 2006 and the total amount of KRW 152,00,000 (=200,000 x 760 days (the agreed period from August 14, 2006 to September 13, 2008) (762 days but the Plaintiff claims that 760 days be calculated as 760 days.

[Attachment 10 million won is 52,00,000 won, which is the remainder after deducting the principal from the loan amount of 100 million won. This does not exceed the interest rate prescribed by the Interest Limitation Act, and thus, it shall be governed by the Plaintiff’s claim. Therefore, when the sum of KRW 123,332,765 to the Plaintiff who was repaid by C is appropriated in order of the principal of the loan amount of January 4, 2006, and the principal amount of the loan of August 14, 2006, and the amount remaining after appropriation of performance is appropriated in order of the principal amount of the loan of 56,67,235 [the principal and interest of 10,00,000 won - KRW 106,00,000,000 for the loan amount of 206,000,000 won for the loan amount of 75,006,000 won for the loan amount of 265,00636,6365,2636

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