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(영문) 서울중앙지방법원 2016.03.03 2015가합572224

구상금

Text

1. The Defendant’s KRW 300,000,000 as well as 5% per annum from April 4, 2012 to January 11, 2016 to the Plaintiff.

Reasons

1. Indication of claim;

A. On June 5, 2009, the Defendant borrowed KRW 300 million from C by September 5, 2009, with the intention to repay the said KRW 300 million by September 5, 2009.

The Plaintiff guaranteed the payment of the above borrowed money to the Defendant.

B. However, the Defendant did not pay the above KRW 300 million during the foregoing period of reimbursement, and the Plaintiff, as a guarantor, repaid KRW 300 million in total to C on January 31, 2012, KRW 100 million, KRW 100 million on February 29, 2012, and KRW 100 million on April 3, 2012.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 300 million and the amount of delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from April 4, 2012 to January 11, 2016, which is the date of delivery of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. The provisions governing statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, which reduces statutory interest rates from 20% per annum to 15% per annum, was enforced on October 1, 2015.

Therefore, the plaintiff's claim for this part beyond the above scope of recognition cannot be accepted.