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(영문) 인천지방법원 2019.05.21 2018가합60143
대여금
Text

1. The Plaintiff:

A. Defendant B shall pay full amounts of KRW 232,466,898 and KRW 222,830,014 among them, from August 27, 2017.

Reasons

1. Claim against Defendant C

A. The description of the claim is as shown in the annexed sheet of claim.

(b) Article 208(3)2 and Article 150(3) of the Civil Procedure Act of the applicable law

2. In full view of the respective entries and arguments in the evidence Nos. 1 through 10, 15, and 17 against Defendant B, the Plaintiff may acknowledge the fact that the Plaintiff lent the same as the statement in the attached Form No. 2 to Defendant B.

If the Plaintiff’s claim for the Plaintiff’s loan to Defendant B is satisfied as indicated in the “Calculation Table of Appropriation Amount” attached hereto, the Plaintiff’s claim for the loan to Defendant B is 22,830,025 won as of August 27, 2017 (i.e., the claim KRW 62,830,025 won as of August 27, 2017 (i.e., the claim KRW 62,830,025 won as of August 6, 200, KRW 50,000 as the claim KRW 50,000 as of August 7, 2017, and interest or delay damages amounting to KRW 9,636,84 (the claim KRW 2,717,253 won as of May 5, 2017) (the claim KRW 3,892,293 won as of KRW 2,162,385 won as of August 27, 2017).

Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum, which is within the maximum interest rate under the Interest Limitation Act and within the maximum interest rate under the agreement between August 27, 2017 and the day of full payment, as claimed by the Plaintiff, with respect to KRW 22,830,014, which is the principal.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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