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(영문) 수원지방법원안산지원 2017.09.06 2017가단60409
대여금
Text

1. The Defendant’s KRW 37,785,665 and KRW 36,859,862 from March 1, 2017 to September 6, 2017, respectively, to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings in each statement in subparagraph 1-1-3 of the evidence No. 1-3, the fact that the Plaintiff loaned KRW 50,000 to the Defendant at the interest rate of KRW 5.065% per annum on November 2, 2015 is acknowledged, and there is no counter-proof, and the Defendant paid each of the amounts indicated in the “payment” table on the date of repayment according to the annexed statement of appropriation for performance by the Plaintiff is the Plaintiff.

2. The Plaintiff’s cause of the instant claim is the cause of the claim, and each of the above repayment amounts is appropriated first to repay the principal, and the remainder is appropriated to repay the principal. As a result, as of February 28, 2017, the obligation of KRW 36,862,740 of the principal of the obligation and KRW 933,546 of the interest accrued due to the failure to repay the principal, and as of February 28, 2017, the Defendant is liable to pay the Plaintiff any outstanding loan and delay damages as stated in the claim.

3. The payment of each of the above amounts to the interest calculated on the basis of the agreed interest rate of 5.056% per annum until the date of repayment shall be appropriated first, and the remainder, if any, shall be appropriated to the principal, as indicated in the attached Table of Appropriation of Performance, it is apparent in the calculation that the Plaintiff’s principal remains 36,859,862 won as of February 28, 2017, and the unpaid interest rate of 925,803 won. Thus, the sum of these principal and interest shall be 37,785,665 won (36,859,862 won).

4. According to the conclusion, the Defendant is obligated to pay to the Plaintiff delay damages calculated by applying each rate of 37,785,65% per annum, which is the agreed interest rate until September 6, 2017, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the above base date, to the Plaintiff, as to KRW 36,859,862 of the remaining principal and interest of the loan, and the remaining principal and interest of KRW 36,85,65 of the above outstanding principal and interest of KRW 36,89,862, which are the date following the above base date.

Thus, the plaintiff's claim of this case is above.

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