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(영문) 서울북부지방법원 2016.04.29 2015가단28590

대여금

Text

1. The Defendant: (a) KRW 25,00,000 for the Plaintiff and the Plaintiff’s KRW 5% per annum from March 10, 2008 to May 18, 2015; and (b) May 19, 2015.

Reasons

1. Determination as to the cause of claim

A. According to the purport of the evidence No. 1 and the entire pleadings, the Plaintiff, the Director of the Korean Medical Center, as an oriental medical doctor, decided to purchase drugs with the Defendant and D, but the Defendant did not have money. However, on March 9, 2007, the Defendant decided to pay 25 million won to the Defendant on March 9, 2008 and lent it to the Defendant on March 9, 2008.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the above loan amounting to KRW 25 million and delay damages calculated at the rate of 15% per annum as prescribed by the Civil Act from March 10, 2008 to May 18, 2015, the day following the payment order of this case, from May 19, 2015 to September 30, 2015, and from May 19, 2015 to September 30, 2015, the following day, 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and from October 1, 2015 to the day of full payment.

(Plaintiff filed a claim for the payment of damages for delay calculated at the rate of 20% per annum pursuant to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings after October 1, 2015. However, since the statutory interest rate was revised on September 25, 2015 and enforced on October 1, 2015, the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which sets the statutory interest rate of 15% per annum, the Plaintiff’s claim for damages for delay exceeding the above recognition scope is rejected).

A. The Defendant asserts that the Plaintiff, the Defendant, and D agreed to make an investment in a joint project for the export and import and sale of medicinal herbss, and the evidence No. 1 (Evidence) was prepared to secure the Plaintiff’s losses pursuant to the said joint project investment agreement, and the said joint project did not cause any investment loss due to the said joint project, as well as the one-year investment loss security time limit was exceeded. Thus, the Plaintiff’s claim cannot be accepted.

However, this shall be applicable.