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(영문) 수원지방법원성남지원 2019.11.08 2019가단7555
양수금
Text

1. The defendant shall calculate the amount of KRW 20 million to the plaintiff at the rate of 24% per annum from August 20, 2018 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 4 as to the cause of the claim, the defendant decided to sell to C a kindergarten located in Kimhae-si for KRW 200 million and received KRW 200 million from C on May 29, 2018. The defendant revoked the above sales contract around June 3, 2018 and, in lieu of the above payment obligation, sold to C a kindergarten located in D where C due date (hereinafter "the loan of this case"), and the interest accrued from the loan of KRW 4 million around May of each month to the defendant around 4, 200,00 (annual conversion 24%) and agreed to transfer the right to operate the Child Care Center under mutual agreement if the defendant did not pay interest for at least two months, and the fact that the defendant transferred the loan of this case to the plaintiff around December 17, 2018 and notified the defendant of the transfer of the right to operate the Child Care Center of this case.

As revealed in the above facts, the repayment period of the loan of this case is set at the time of sale and purchase of the E kindergarten, and as long as C and the defendant agreed to transfer the right of operation of the E kindergarten if the defendant fails to pay interest for more than two months, it is reasonable to interpret that a special agreement for loss of interest based on the content that the defendant would sell the E kindergarten and repay the loan of this case is made if C and the defendant delay the payment of interest for more than two months.

Meanwhile, there is no dispute between the Plaintiff and the Defendant regarding the fact that the Defendant paid C and the Plaintiff a sum of KRW 10 million from July 2018 to January 2019. Ultimately, around February 15, 2019, the time when the instant lawsuit was filed, the Defendant neglected to pay interest for at least two months and lost its benefit.

I would like to say.

Ultimately, the Defendant’s 10 million won repaid by the Defendant is appropriated for the interest of KRW 10 million from June 3, 2018 to August 19, 2019, respectively. Accordingly, the Defendant is ultimately liable for the payment of KRW 10 million.

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