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(영문) 부산지방법원 2016.08.16 2015가단84575

대여금

Text

1. The Defendant’s KRW 30,000,000, and its annual rate from December 1, 2014 to February 12, 2016, to the Plaintiff.

Reasons

1. According to the evidence No. 1 of the judgment as to the cause of the claim, it is recognized that the Defendant prepared to the Plaintiff a certificate of borrowing KRW 30 million by November 30, 2014. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 5% per annum as prescribed by the Civil Act from December 1, 2014, the day following the payment date, to February 12, 2016, the delivery date of a copy of the complaint of this case, and from the next day to the day of full payment, 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2. The defendant's argument regarding the defendant's assertion is alleged to have paid interest of KRW 20 million each month, and it is unclear whether the above argument continued to pay interest of KRW 20 million to the plaintiff even after the date of repayment. However, even if such meaning of the opinion is the same, since there is no evidence to acknowledge it, the above argument by the defendant is without merit.

3. The plaintiff's claim is justified and it is so decided as per Disposition.