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(영문) 부산지방법원동부지원 2017.06.30 2016가합104264
대여금
Text

1. The Defendant’s KRW 885,205,479 for the Plaintiff and KRW 10% per annum from July 29, 2016 to October 24, 2016 for the Plaintiff.

Reasons

1. Indication of claim;

A. On September 22, 2014, the Plaintiff: (a) determined the principal amount of KRW 1,000,000,000 to the Defendant; (b) up to September 22, 2015; and (c) lent the amount at 10% interest to the Defendant.

B. On October 1, 2015, the Defendant paid to the Plaintiff KRW 100,000,000,000, and the Gold Group Co., Ltd., which concurrently acquired the above loan obligations together, repaid each of the KRW 200,000,000 on July 28, 2016.

A total of KRW 300,000,000 of the above repayment was appropriated for the interest and damages for delay until July 28, 2016 for the principal amounting to KRW 187,397,260 of the interest and damages for delay until July 28, 2016. The remainder of KRW 112,602,740 is appropriated for the principal and the remainder of the principal amount is KRW 887,397,260.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 887,397,260 won with 10% interest per annum according to the agreed rate from July 29, 2016 to the delivery date of a copy of the instant complaint and 15% interest per annum pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment made by deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

3. It is clear that the principal is 885,205,479 won [the principal shall be 185,200,000,000 won interest rate of KRW 185,205,479 (1,000,000 x 0.1 x 676/365, and less than KRW 670), - the amount of redemption shall be 300,000 won] when considering the details of repayment recognized by the Plaintiff himself/herself. Thus, there is no reason for the part exceeding 887,397,260 won of principal claimed by the Plaintiff, which exceeds 885,205,479 won.

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