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(영문) 의정부지방법원 2020.04.22 2019가합1203

대여금

Text

1. The Defendant jointly with C and limited liability companies D, as well as KRW 585,00,000,000, and its related thereto, from November 21, 2019.

Reasons

1. The Defendant and C, and limited liability company D jointly issued to the Plaintiff a promissory note dated 15,00,000 won at face value of KRW 585 million at face value, the payee, the place of issue, the place of payment, the Seoul Special Metropolitan City, the date of issuance, the date of payment, the Seoul Special Metropolitan City on December 15, 2015, and the date of payment on February 29, 2016. On December 15, 2015, a notary public prepared and issued a notarized bill No. 270 on the said Promissory note No. 2015.

Therefore, the defendant is obligated to pay the plaintiff the above promissory note amounting to KRW 585 million in combination with C and limited liability companies D, and the damages for delay.

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. The statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is amended and promulgated on May 21, 2019 and enforced on June 1, 2019. Since the statutory interest rate under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019, it is recognized only as damages for delay calculated at the rate of 12% per annum from November 21, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case, and the exceeding part is dismissed.

(However, the burden of litigation costs shall be determined by applying Article 98 and the proviso of Article 101 of the Civil Procedure Act to the burden of the defendant)