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(영문) 서울중앙지방법원 2020.06.03 2019가단5288129
구상금
Text

1. As to KRW 50,246,570 and KRW 50,000 among them, the Defendant shall pay to the Plaintiff the year from May 6, 2019 to October 28, 2019.

Reasons

1. Determination on the cause of the claim

A. (1) The loan agreement between the Defendant and the E Bank on October 4, 2018 is based on the loan agreement between the amount of the loan to be KRW 50 million and the period of the loan to be KRW 120,000.

The Defendant’s expression of intent was concluded, and the Defendant’s expression of intent was made with an electronic signature by the Defendant’s authorized certificate (2 E Bank, on behalf of the Plaintiff, refers to the instant additional arrangement on the instant loan agreement under the Defendant’s name.

A) The instant additional agreement concluded with the Plaintiff that the E Bank would not raise an objection to the claim for the payment of the instant loan if the Defendant did not pay the instant loan to the Plaintiff. In the event that the Plaintiff pays the insurance proceeds, the Defendant paid the insurance proceeds by adding the amount of payment, the amount of delayed payment from the day following the payment date to the day of full payment, the amount of expenses incurred in bond preservation, transfer, lawsuit, auction, and other expenses to be borne by the principal under the law. Meanwhile, the Defendant’s expression of intent to the instant additional agreement was made with an electronic signature by an authorized certificate issued in the name of the Defendant. (3) After that, the Defendant paid the instant loan by the E Bank on April 5, 2019. (4) As of May 5, 2019, the Plaintiff paid the instant loan amount of KRW 50 million to the E Bank with the insurance proceeds, the amount of damages for delay calculated with the agreed interest rate of KRW 5,00,000 per each of the instant additional agreements is KRW 246,570,10.

B. According to the above facts of determination, the Defendant’s reimbursement claim amounting to KRW 50,246,570 (determined damages for late payment of KRW 50,570,000,000) and the above KRW 50,000,000,000 from May 6, 2019 to October 28, 2019, for which the original copy of the instant payment order was served, the agreed interest rate of KRW 8.87% per annum and the next day.

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