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(영문) 대구지방법원포항지원 2016.07.05 2016가단1623

대여금

Text

1. The Defendant’s KRW 96,710,00 for the Plaintiff and KRW 5% per annum from July 9, 2014 to March 4, 2016.

Reasons

On July 8, 2014, when the Plaintiff lent KRW 96,710,00 to the Defendant on a yearly basis (payment on July 8, 2014, July 8, 2019), when the Plaintiff delayed the payment of interest for at least two months, the Plaintiff has agreed to lose the benefit by the due date and to immediately repay the entire amount of the loan. The Defendant has no dispute between the parties that lost the benefit by failing to pay interest to the Plaintiff. As such, the Defendant is obliged to pay to the Plaintiff annual interest of KRW 96,710,00 as well as five percent per annum as prescribed by the Civil Act from July 9, 2014 to March 4, 2016, which is the delivery date of the duplicate of the complaint of this case, and damages for delay calculated by 15 percent per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

If so, the plaintiff's claim of this case is justified and accepted.