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(영문) 의정부지방법원 2017.11.16 2017나208202
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s KRW 23,214,793 on March 9, 2017 on the Plaintiff and its related thereto.

Reasons

1. The fact that the Plaintiff loaned KRW 30,00,000 to the Defendant on October 24, 2014, with interest rate of KRW 2% on the grounds of the claim, without setting the maturity period for payment, is not in dispute between the parties, and that the Plaintiff received KRW 7,40,000 from the Defendant. According to the evidence Nos. 1 and 2, the fact that the Defendant paid KRW 15,00,000 out of the above loans to the Plaintiff on March 8, 2017 is recognized through criminal conciliation procedures.

The Plaintiff and the Defendant did not exercise the agreement or the right of designation as to satisfaction of obligations. Therefore, KRW 15,00,000, which the Defendant repaid as above, is claimed for interest or delay damages calculated at the rate of 5% per annum from September 24, 2014, which was the date of the lease, to March 8, 2017, in accordance with the order of statutory satisfaction of obligations under Article 479(1) of the Civil Act, from October 24, 2014, the date of the lease, to March 8, 2017, and from September 10, 2016, to the date of delivery of the copy of the instant complaint, and 15% from the next day to the date of full repayment.

Of those, KRW 8,214,793 [=15,614,793] [the interest rate of KRW 13,551,780 (30,000 x 687/365 x 0.24; hereinafter the same shall apply] x 78,082 won [the interest rate of KRW 13,551,780 from October 24, 2014 to September 9, 2016 x 687/365 x 0.24; hereinafter the same shall apply] x 0.24 x 78,082 won [the interest rate of KRW 30,00,000 x 19/365] of the Plaintiff from September 10, 2016 until September 28, 2016 x 305 x 708,605 won [the remainder] x 360,819/69.7

Therefore, the Defendant shall pay to the Plaintiff KRW 23,214,793, and the following day after the Defendant partially repaid the amount.

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