(영문) 광주지방법원 2019.08.23 2018가합505

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(영문) 광주지방법원 2019.08.23 2018가합505

대여금

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1. As to KRW 400,348,014 and KRW 50,348,014 among the Plaintiff, the Defendant shall be from May 18, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. On July 13, 2017, the Plaintiff: (a) determined the Defendant as 20% per annum on delay interest rate of 100,000,000 per annum; and (b) on August 12, 2017, the Plaintiff lent KRW 350,000,000 per annum on September 29, 2017; and (c) determined as 15% per annum on delay interest rate of 15% per annum; and (d) on December 31, 2017, respectively (hereinafter the above KRW 10,00,000 as the “first loan”; and (c) said KRW 350,00,000 as the “second loan”) did not conflict between the parties; or (d) may be recognized by comprehensively taking into account the purport of the entire pleadings as stated in the evidence Nos. 2 and 3 (including each number; hereinafter the same shall apply).

B. According to the above facts, the defendant is obligated to pay the plaintiff 450,000,000 won and damages for delay, unless there are special circumstances.

2. Judgment on the defendant's defense of set-off

A. The defendant's defense 1) since the plaintiff is obligated to pay 70,515,000 won to the defendant, the defendant is obligated to pay 70,515,000 won to the defendant. Thus, the defendant is obligated to pay 70,515,000 won to the plaintiff with the above claim for 1,200 won as the automatic bond. 2) The plaintiff is obligated to pay 70,515,000 won to the defendant. The fact that the due date of the first loan claim is 20%, and the due date of the second loan claim is 15%, and that the repayment period of the second loan claim is 15%, as seen earlier, the defendant claims the plaintiff to pay 70,515,000 won to the plaintiff on May 17, 2018.

Inasmuch as there is no evidence to prove that the Plaintiff and the Defendant determined the due date for the claim for the refund difference, the above refund difference claim shall be deemed to be a claim with no fixed due date. On May 17, 2018, there is no specific assertion or proof as to the time when the refund difference claim is established, which is an automatic claim with due date, but the Plaintiff and the Defendant did not have any specific assertion or proof as to the time when the refund difference claim is established, the due date for the above refund difference claim shall

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