beta
(영문) 창원지방법원진주지원 2016.08.12 2016가단4439

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 100,00,000 among the Plaintiff’s KRW 100,000 and the said KRW 1,00,000,000 from May 27, 2016 to the date of full payment.

Reasons

1. Indication of claim;

A. On May 29, 2012, the Plaintiff determined and lent KRW 100,000,000 to the Defendant as interest rate of KRW 500,000 per month (6% per month) and three months after the due date.

B. The Defendant paid interest to the Plaintiff by June 31, 2015, but failed to pay interest from July 2015. On May 19, 2016, the Defendant paid KRW 1,000,000 to the Plaintiff for two months.

C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 27, 2016 to April 30, 2016, total amount of principal of KRW 104,00,000 [the amount of principal of KRW 10,000,000 per annum from September 2015 to April 30, 2016 [the amount of KRW 4,000 per month x 8 months] and the amount of principal of KRW 100,000,000,000 per annum from May 27, 2016, which is the day following the delivery date of the instant payment order, to the day of full payment].

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).