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(영문) 서울동부지방법원 2015.10.29 2015가합1947

대여금

Text

1. The Defendant: (a) KRW 302,90,000 for the Plaintiff and KRW 20% per annum from March 25, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

Comprehensively taking account of the purport of the entire arguments in the statement No. 1, No. 1-2, and 3, the Plaintiff is obligated to pay to the Plaintiff damages for delay as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is calculated at a rate of 15% per annum from November 3, 2008 to February 2, 2010, as shown in the attached Table, to the Defendant, since it is recognized that the Plaintiff loaned KRW 32,90,000,000 to the Defendant from February 3, 2010. As the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff damages for delay, calculated at a rate of 15% per annum from March 25, 2015 to September 30, 2015, the day following the delivery of the original copy of the instant payment order, as the Plaintiff seeks.

[The amended provision on statutory interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) was enforced from October 1, 2015] that reduces the statutory interest rate from 20% per annum to 15% per annum. Thus, the Plaintiff’s claim of this case was accepted within the scope of the above recognition, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.