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(영문) 서울남부지방법원 2014.12.18 2014가합106824
대여금
Text

1. The defendant shall pay to the plaintiff KRW 717,819,343 and KRW 11,500,00 among them. The defendant shall pay to the plaintiff full payment from January 13, 2011.

Reasons

1. The facts of recognition are as follows: (a) the Plaintiff loaned KRW 1,631,00,000 in total to the Defendant as shown in the attached Table nine times (the Defendant asserts that the content of the contract on overdue interest rate is not trustable on the ground that the agreement on the loan for consumption with respect to money set forth in the attached table Nos. 1 through 5 contains 3% per month overdue interest rate exceeding the interest limit law; (b) according to the purport of the entire pleadings, such as the Defendant’s failure to dispute the loan itself; (c) it is recognized that the authenticity of the contract on the loan for consumption with respect to money set forth in the attached table No. 2-1 through No. 9 is established; (d) the Plaintiff recognized that the overdue interest rate of each contract on the loan for consumption with respect to money set forth in the attached table No. 1 through No. 5 exceeds the interest limit rate set forth in the Interest Limitation Act; and (d) the Defendant, as stated in the attached Table No. 188,500,00 won, may be recognized by the number No. 2 or No. 4 (including).

2. According to the above facts of recognition, since the defendant's repayment amount is insufficient to extinguish the total amount of principal and interest of the plaintiff's loan, in principle, the defendant's repayment amount should be appropriated in the order of interest and principal in accordance with the order of statutory appropriation of performance under Articles 477 and 479 of the Civil Act. However, unlike the order of appropriation of payment in the court, the plaintiff claims in this case by appropriating the loan which comes earlier or comes earlier in the order of repayment of principal, interest and delay damages, as stated in the attached appropriation statement, which is unfavorable to the plaintiff, and it is allowed for the plaintiff to make a more unfavorable appropriation of payment. As the plaintiff's repayment of payment is permitted as requested by the plaintiff, the remaining debt of the defendant is KRW 442,50,00, interest 152,216,604, damages for delay as stated in the attached appropriation statement.

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