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(영문) 서울북부지방법원 2015.12.17 2015가합1486

대여금

Text

1. The Defendant’s KRW 600,000,000 as well as 20% per annum from May 2, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. The Plaintiff, from January 18, 201 to November 4, 2011, lent a total of KRW 716,915,00 to the Defendant 14 times without fixing the due date.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of KRW 600,000,000, which is a part of the borrowed amount, and the damages for delay calculated at the rate of 15% per annum as stipulated in the provisions of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 2, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case, and the provisions of Article 3(1) of the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) from the next day to the day of full payment.

(1) The Plaintiff filed a claim for damages for delay calculated at the rate of 20% per annum from the day after the delivery of the copy of the instant complaint to the day of complete payment. However, since the statutory interest rate was wholly revised on September 25, 2015, the statutory interest rate was changed due to the entire amendment of Article 3(1) main sentence of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the Plaintiff’s claim against the Defendant for damages for delay was without merit.