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(영문) 서울동부지방법원 2018.12.14 2017가단25995
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 70 million with 30% per annum from June 16, 2013 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On May 15, 2013, the Plaintiff leased KRW 70 million to the Defendant on May 14, 2014 at the due date for reimbursement of KRW 30,000 to the Defendant on May 14, 2014, with the interest rate of KRW 30% per annum. The Plaintiff jointly and severally guaranteed the Defendant, and registered the establishment of a neighboring mortgage on the property owned by C

(C) On November 18, 2016, the Plaintiff received reimbursement of KRW 1,725,458 in the procedures for the auction of D's real estate owned by the Suwon District Court D's real estate (hereinafter referred to as "C") and appropriated the said dividends for the interest of KRW 30% per annum for KRW 70 million from May 15, 2013 to June 15, 2013.

From May 15, 2013 to June 15, 2013, interest amounting to KRW 70 million x 0.3 x 32/365 x 1,841,095 . [Defendant cannot be recognized as a copy of evidence No. 1], and evidence No. 1 through 5 (Defendant’s assertion that the copy of evidence No. 1) is presented at the second date for pleading, and the defendant’s above assertion is without merit.

(2) Each entry and the purport of the whole pleading

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the interest and delay damages under the agreement of 30% per annum from June 16, 2013 to the date of full payment.

2. Conclusion, the plaintiff's claim of this case is justified.

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