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(영문) 의정부지방법원 2015.11.10 2015가단8094

대여금

Text

1. Defendant B’s KRW 33,730,00 and the Plaintiff’s annual rate of KRW 5% from March 7, 2015 to September 24, 2015.

Reasons

1. The Plaintiff’s portion of the claim against Defendant B was leased to Defendant B at a rate of 10% per annum between October 15, 2005 and April 13, 2009, with a total of KRW 32 million as between April 13, 2009. The fact that repayment of KRW 15 million out of the loan principal was made, and the fact that the interest accrued until March 6, 2015 as to the loan was 16,735,342 does not conflict between the parties.

Therefore, Defendant B is obligated to pay to the Plaintiff the sum of KRW 3,735,342 with the remaining loan principal and KRW 16,730,000 with interest accrued during the period from March 7, 2015 to September 24, 2015, which is the delivery date of a copy of the complaint in this case, KRW 5% per annum under the Civil Act, KRW 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to September 30, 2015, and interest for delay at each rate of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Furthermore, the Plaintiff claimed 20% of the annual interest rate for the period from October 1, 2015 to the date of full payment. However, according to the amendment of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Plaintiff’s assertion on this portion is rejected, since the statutory interest rate from October 1, 2015 is 15% per annum.

2. The part of the claim against the defendant C

A. The plaintiff asserted that the plaintiff shall be jointly and severally liable with the defendants and D, with interest of KRW 3 million on October 15, 2005, KRW 7 million on July 20, 2006, KRW 300 million on September 29, 2006, KRW 10 million on October 26, 2006, KRW 5 million on April 26, 2006, and KRW 32 million on April 12, 2009, KRW 30 million on April 13, 200, KRW 370,000 on June 30, 200, KRW 370,000 on June 25, 2006, KRW 307,000 on June 16, 200, KRW 307,000 on June 25, 200, KRW 300 on June 16, 2012.