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(영문) 의정부지방법원고양지원 2019.09.05 2019가단4345

대여금

Text

1. As to KRW 42,289,620 and KRW 41,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 42,289,620 from March 22, 2019 to April 8, 2019.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 and 2, the Plaintiff’s loan (hereinafter “instant loan”) to the Defendant on March 16, 2016 at a fluctuation rate of KRW 41,00,000 (3.52%). The Plaintiff’s interest and interest in arrears from March 21, 2019 on the said loan is KRW 1,289,620 in total, and the delayed interest rate from March 22, 2019 is KRW 8.58% per annum.

According to the above facts, the defendant is obligated to pay to the plaintiff 42,289,620 won of the principal and interest of 41,289,620 won (=41,00,000 won) and 41,00,000 won of the principal from March 22, 2019, which is the day following the date of final interest calculation, to April 8, 2019, the agreed interest rate of 8.58% per annum from March 22, 2019 to April 8, 2019, which is the day of delivery of a copy of the complaint, 15% per annum from the next day to May 31, 2019, and delay damages calculated at 12% per annum from the next day to the day of full payment.

(1) The legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is amended on May 21, 2019 and enforced on June 1, 2019, and the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings shall be governed by the previous provisions, and the portion arising after June 1, 2019 shall be governed by the amended provisions. As such, since the legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was imposed on the portion arising from May 31, 2019, the provision on the legal interest rate is 15% per annum from the day after the delivery of the copy of the complaint to May 31, 2019, and the part seeking payment in excess of it shall be dismissed. Accordingly, the Defendant did not receive the loan of this case and did not have any evidence to the purport that the Defendant paid the loan of this case.