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(영문) 수원지방법원성남지원 2015.07.07 2014가합8420

대여금

Text

1. The Defendant’s KRW 15 million to the Plaintiff and the Plaintiff’s annual rate of 5% from May 3, 2015 to July 7, 2015, and the following.

Reasons

1. The plaintiff's assertion asserts as follows as the ground for the claim of this case.

On May 4, 2011, the Plaintiff lent KRW 150 million to the Defendant as interest rate of KRW 2.5% per month, but the Defendant did not fully pay the principal and interest of the said loan.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 184 million [the principal + KRW 15 million + interest KRW 69 million per annum (the interest calculated at 20% per annum)] and damages for delay, which are the sum of the principal and interest of the loan.

2. In full view of the purport of the entire pleadings, the Plaintiff’s lending of KRW 15 million to the Defendant on May 6, 2011. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from May 3, 2015 to July 7, 2015, which is the day following the delivery of a duplicate of the application for the instant payment order, from May 3, 2015 to the day following the delivery of a duplicate of the application for the instant payment order, and from the next day to the day of complete payment, 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day of full payment.

(3) The plaintiff's claim of this case was justified within the scope of the above recognition, and the remainder is dismissed as it is so decided as per Disposition. The plaintiff's claim of this case is without merit. It is so decided as per Disposition by the assent of all participating Justices.