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(영문) 서울중앙지방법원 2019.09.26 2019가합512893

대여금

Text

1. The Defendant’s KRW 300,000,000 and its related amount are 15% per annum from February 8, 2019 to May 31, 2019 to the Plaintiff.

Reasons

Comprehensively taking account of the descriptions of No. 1 and the purport of the entire pleadings, the Plaintiff’s lending KRW 300,000 to the Defendant on May 21, 2012 can be acknowledged.

(1) The Defendant: (a) acknowledged the fact that he received KRW 300,000 from the Plaintiff; (b) claimed that the actual obligee is C or C’s her spouse, not the Plaintiff’s spouse; (c) but the written evidence No. 1 alone is insufficient to reverse the above recognition). According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 15% annual interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from February 8, 2019 to May 31, 2019 on the record that it is evident that the date of delivery of the copy of the instant complaint is the next day after the delivery of the copy of the instant complaint, and the damages for delay calculated by 12% per annum per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.