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(영문) 대구지방법원포항지원 2017.05.16 2016가단5106

대여금

Text

1. The defendant shall pay 35,400,000 won to the plaintiff and 15% per annum from September 8, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A and 3, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 35,400,000 per annum from September 8, 2016, which is the day following the delivery date of a copy of the instant complaint, to the day of full payment, as the Plaintiff loaned KRW 35,40,000 to December 7, 2015. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from April 18, 2015 to the day of full payment.

[Plaintiff is seeking interest from the day following the last lease date to the delivery date of the copy of the complaint of this case. However, in the absence of the deadline for performance of obligation, the obligor is liable for delay from the time of performance of obligation (Article 387(2) of the Civil Act). There is no evidence to prove that there was an agreement on the interest, the maturity date, or the claim for the return of the loan to the Defendant. Thus, this part of the claim of this case is without merit). Accordingly, the plaintiff's claim of this case is accepted within