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(영문) 서울남부지방법원 2015.12.02 2015가단234750

대여금

Text

1. The Defendant’s KRW 110,535,39 and KRW 109,089,152 among the Plaintiff’s KRW 5% per annum from August 22, 2015 to September 17, 2015.

Reasons

1. Determination

A. The Plaintiff loaned interest of KRW 2.53,00,00 to the Defendant on July 16, 2008 (i.e., 200; 2.53% of the announced interest rate; (ii) the interest rate for delay plus the late interest rate; (iii) the maturity on July 20, 2015; and (iv) the interest rate of KRW 70,00,000 on June 30, 201 plus the late interest rate of KRW 2.76%; (iv) the overdue interest rate plus the late interest rate of KRW 2.76%; (v) the maturity was fixed on June 30, 2015; and (v) the Defendant lost profits due to delay in the repayment of each of the above principal and interest amount; (v) the principal and interest amount of the former as of August 21, 2015 plus the interest rate of KRW 39,460,315 won (i.e., the principal and interest amount of KRW 39,08, 71507,7081.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 110,535,39 won (=39,460,315 won) and 109,089,152 won (in total, 71,075,084 won) per annum from August 22, 2015, which is the day following the day when calculating the last damages for delay, and from September 17, 2015, the delivery of payment order, as the Plaintiff seeks, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment (the statutory interest rate) to the day of full payment.

2. Therefore, we accept the Plaintiff’s claim.