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(영문) 서울중앙지방법원 2019.11.14 2019나39590
대여금
Text

1. The defendant in the judgment of the first instance exceeds the money to be paid below to the plaintiff.

Reasons

1. The amount of loans extended on June 22, 2001, at the interest rate of KRW 5,00,000,000 (19%) due on June 22, 2001, the second loan No. 21, Jun. 21, 2006; November 20, 2003; November 23, 2001; “No. 1,000,000” on November 23, 2001; and “No. 40,40,000 loans on November 27, 2002” on November 22, 2003.

A. The Plaintiff lent money to the Defendant as follows.

B. The Defendant lost the benefit of the full term of the above loan because it did not discharge its obligations thereafter, and the remaining principal and damages for delay as of June 26, 2003 on each of the above loans are as follows.

Unit: 10,764 3,773, 169 No. 227,425 1,665 1,67,425 3,67,425 620,425 3, 620,425 42,265 4, 105 1,905 1,905 1,905 1,905 1,905 4, which is the sum of the principal and interest accrued from the original principal and interest accrued.

20,046 632,363 4 loans 1,000,00 259,241 29,510 1,229,731 aggregate 6,732,549,556 7,302,688

C. On January 15, 2004, in Daegu District Court Decision 2003Gada477209 Decided January 15, 2004, the judgment was finalized on February 20, 2004 with respect to the Defendant’s KRW 7,352,244 and KRW 6,12,405 for the same cause as the instant case, to the Plaintiff from November 15, 2003; KRW 19% per annum from November 21, 2003 to January 14, 2004; and KRW 20% per annum from the following day to the day of full payment.

[Reasons for Recognition] Evidence Nos. 1-10, Evidence No. 11-1, and 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant's difference between the final judgment of KRW 7,302,688 and the final judgment of KRW 49,556, as the plaintiff seeks within the above final judgment, shall be the sum of the recovered interest.

Of them, 19% per annum from November 15, 2003 based on the above final judgment to May 8, 2014, and 20% per annum from the next day to the day of full payment.

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