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(영문) 대구지방법원 2015.04.02 2014가단55564

차용금등

Text

1. The Defendant’s KRW 30,000,000 and its amount are 5% per annum from September 19, 2013 to January 13, 2015 to the Plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The portion dismissed: The Plaintiff sought payment of the amount calculated by the rate of 20% per annum from August 19, 2013 to the date of full payment with respect to the loan 30 million won. However, even according to the Plaintiff’s assertion, the period of repayment of the loan is within the month from the date of loan to September 18, 2013, which is within the month from the date of loan. As such, the period of repayment is within September 19, 2013, which is the day following the date of repayment to the date of delivery of the copy of the complaint of this case, 5% per annum as prescribed by the Civil Act and 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. The Plaintiff’s claim exceeding