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(영문) 수원지방법원안양지원 2016.11.30 2016가단104942
전부금
Text

1. The defendant shall pay 5,450,819 won to each of the plaintiffs and 15% per annum from May 19, 2012 to the day of full payment.

Reasons

In regard to D’s recognition of the determination as to the cause of the claim, “30,000 won out of the claims for the collateral security (the maximum claim amount of KRW 30,032,00,00,000, which was completed on January 31, 2012 by the Sung-gu, Sung-gu, Sung-nam Branch of District Court for the claim No. 917 of the nine stories, Sung-gu, Sungnam Branch of District Court for the claim No. 917 of the nine stories” against the Defendant, the Plaintiffs received an order to seize and complete the claims for the collateral security (the maximum claim amount of KRW 30,000,00) from the Suwon District Court for the Defendant on January 26, 2016, which was served on the Defendant, the garnishee, at that time, was finalized on March 25, 2016.

D On January 30, 2012, with respect to the foregoing right to collateral security, 15% per annum on the conversion of KRW 20 million to the Defendant for the convenience of calculating the interest rate of KRW 250,000 per annum;

A loan was made after the maturity of three months, and the collateral security was established.

The defendant repaid 10 million won to D on May 18, 2012.

[Ground of recognition] Facts without dispute, the Defendant’s repayment determination stated in Gap evidence 1 remains with interest rate of 901,639 won (10% per annum from January 30, 2012 to May 18, 2012, and 15% per annum). The remainder of 9,098,361 won per annum is appropriated for principal, and the loan claims are 10,901,639 won per annum from May 19, 2012 to the date of full payment.

Unless otherwise stipulated in an assignment order, the plaintiffs received all the above loan claims in 1/2 each, and the defendant is partly dismissed due to the plaintiff's error of calculation (i.e., KRW 5,450,819 (=10,901,639±639 ±639). The defendant is obligated to pay interest calculated at the rate of 15% per annum from May 29, 2012 to the date of complete payment.

On November 25, 2012, the defendant asserts that D shall pay 3 million won as a check on November 25, 2012, and that on July 11, 2013, 8 million won as a cash and the debt of the borrowed amount has been entirely extinguished.

However, the evidence submitted by the defendant alone is insufficient to recognize such evidence.

This Court urged the submission of financial data on the repayment of checks on several occasions, but the defendant is so requested.

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