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(영문) 대전지방법원천안지원 2015.11.19 2015가단15227
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,387,332 and the interest rate of KRW 15% per annum from August 18, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On July 9, 2012, the Plaintiff leased KRW 180 million to the Defendant at the maturity of July 9, 2015, with an overdue interest rate of KRW 5.16%, and an overdue interest rate of KRW 16.16% (hereinafter “instant loan”). On July 19, 2013, the Plaintiff leased KRW 100 million to the Defendant at the maturity of July 19, 2016, at the interest rate of KRW 5.28% per annum, and at the overdue interest rate of KRW 16.28% per annum.

B. The Plaintiff received dividends of KRW 306,435,608 on January 2, 2015 in the instant case of the auction of real estate B in this Court, and refunded KRW 191,90 on January 9, 2015, and appropriated KRW 306,627,508 in total as above KRW 118,780,656 on July 19, 2013, and KRW 214,234,184 on the loan interest of this case, and KRW 26,387,332 on the loan debt of this case remaining.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remainder interest of the instant loan, KRW 26,387,332, and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 18, 2015 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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