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(영문) 서울중앙지방법원 2016.08.31 2014가단5282355
대여금
Text

1. The defendant shall pay 79,50,000 won to the plaintiff and 24% per annum from September 1, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Defendant with the Seoul Western District Court 2010Gahap7287, and the said court rendered a judgment on March 11, 201, that “the Defendant shall pay to the Plaintiff 150 million won and 20% interest per annum from July 3, 2010 to the date of full payment.”

Accordingly, the appeal by the defendant was dismissed on August 17, 201, and the above judgment became final and conclusive.

B. The Defendant repaid to the Plaintiff KRW 10 million on October 7, 201, and KRW 85 million on October 28, 201, with the principal and interest of the said final and conclusive judgment.

On August 26, 2014, the Defendant deposited KRW 6,328,262 as the principal and interest of the judgment with the Plaintiff as the principal and interest.

C. On October 15, 201, KRW 10,000, KRW 10,000 on October 25, 201, KRW 10,000 on October 25, 2011, KRW 8,000,00 on January 13, 2012, KRW 7,000,00 on February 18, 2012, and KRW 34,50,000 on April 5, 2012, KRW 30,000 on July 30, 200, and KRW 109,500 on July 30, 201, including KRW 5,000 on July 30, 200, and KRW 100 on July 30, 2013, the Plaintiff received KRW 30,500 on March 40, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5 (including additional numbers), Eul evidence 2, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Plaintiff loaned KRW 109,50,000 to the Defendant as a monthly interest rate of 2% from October 10, 201 to July 30, 2012. Since the Defendant was paid KRW 30,00,000 from the Defendant on January 4, 2013, the Defendant is obligated to pay the Plaintiff the interest calculated at the rate of KRW 79,50,000 on the outstanding principal amount and interest calculated annually from September 1, 2013 to 24% on the outstanding principal amount, among the money received from the Defendant’s assertion, KRW 1,50,000 on October 25, 201, KRW 80,000 on January 13, 201, KRW 300,000 on loan from the Plaintiff to the Plaintiff on January 31, 2012.

15 million won received on October 10, 201, the Defendant transferred the ownership of the C Building 504 from the Plaintiff.

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